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Jl E P O R T 









OF 



MAJOR GENERAL MEADE'S 



Military Operations and Administration of Civil Affairs 



IN THE 



Third Military District and Dep'tof the South, 



For the Year 1868, with Accompanying Documents. 







ATLANTA, GA.: 
ASSISTANT ADJUTANT GENERAL'S OFFICE, 

DEPARTMENT OF THE SOUTH. 
1SG8. 



IE?/ IB lE^ O JrO *JJ » 



HEADQUARTERS DEPARTMENT OF THE SOUTH, 

Atlanta, Gkokgia, OctoLor 31, 18G8. 

iirevei Major Genei^al John A. Rawlins, Chief of Staff, Wanhing- 
ion, D. G. 

General: — I horowith transmit, for the information of the Gene"- 
ral-in-Cliief, a brief abstract of the operations under my command, 
whilst in charge of the hxte Third Militarj' District, and subsequently 
in command of the Department of the South. 

War Department, General Orders, No. 104, of date December 28, 
18G7, assigned me to the command of the Third Military District, and 
on the 6th of January, 18G8, I assumed the command with the Head- 
quarters in this city* 

The Third Military District at that time, consisted of the States of 
Georgia, Alabama and Florida. The condition of affairs was simply 
fts follows : In the State of Georgia, a Convention elected under the 
Eeconstruction Laws, was in session in Atlanta, but hampered and 
embarrassed for want of funds. 

In Alabfima, a (Convention had met, framed a (Constitution, nomin- 
ated a ticket for State officers, and adjourned. 

In Florida an election had been held for members of a Convention, 
but the body did not meet, under the orders of my predecessor, till the 
20th of January. 

It is impossible in a report of this kind to give all the various ques- 
tions and their details, which arose and were adjusted by my action ; 
but as hy the provisions of the Keconstruction Laws, from whence 
my authority emanated, the power of disapproving my acts was vested 
in the General-in-Chief of the Arm}-, 1 from the first, before taking 
action in any important matter, laid before that officer my views and 
proposed course. I have therefore deemed it best to append to this 
report, as part of it, a full file of the telegrams between the Head- 
quarters of the Army and myself; and it is with great pride and sat- 
isfaction I refer to the same^ as they will show that it was rarely thai 
the General-in-Chief was called on to overrule my judgment. 

I shall confine myself in this report to the briefest allusion to the 
special points to which I wish to incite particular attention. 

One of the first questions that presented itself to my action, was the 
financial difficulty in the Georgia Convention. I found m^' predeces- 
sor had endorsed the requisition of the Secretary of the Convention, 
and directed its payment out of the Treasury, and that the Treasurer 



had refused payment, on the ground tliat money could only bo paid 
out of the State Treasury on warrants drawn by the Governor. Find- 
ing this to be the state of the case, I appealed to His Excellency, Charles 
J. Jeiilcins, and requested, in view of the necessities of the Convention, 
of the law of Congress authorizing this Convention, and the ordinan- 
ces levying a tax for the payment of its expenses, that he would draw 
the necessary warrant for the sum required for their iinmodiato and 
pressing expenses. The Qovei'nor in reply declined to draw any war- 
rant except under apjiropriation by Law, and informed me very dis- 
tinctly, tluit he did not acknowledge, and would not be bound by the 
lleconstruction Acts of Congress, which, in his judgment were uncon- 
stitutional, null and void. On receipt of this communication there 
was no alternative but the removal of Governor Jenkins, which was 
accordingl}'' done, and Brevet Brigadier General Thomas H. Ituger 
assigned to duty in his place. Subsequently I was compelled to 
remove the State Treasurer and Comptroller, assigning to these posi- 
tions Captains Rockwell and Wheaton of the Army. I considered it 
judicious policy to avail myself of the authority granted in the Re- 
construction Laws, to detail officers of the army to perform these du- 
ties, as in this way I gave evidence to the people of the State and of 
the country, that my only object in making the removals, was the ex- 
ecution of the Law, and that the same was free from any personal or 
political bias. It affords me gratification to say that I believe the ef- 
fect of those changes was most beneficial, and that the administration 
of General Rugor and his associates, who continued in office 'till the 
State was admitted to representation, was in every way creditable to 
them and satisfactory to the people of all parties in the State. 

Soon after my arrival at my post I received numerous communica- 
tions from respectable citizens, com{»laining of thy etfect of the pass- 
age, by the Conventions of Alabama and Georgia, of acts known as 
Relief Laws, which were intended as stay laws, to afford relief to 
debtors from the immediate pressure of their creditors. It was urged 
that the acts of these Conventions, not being binding nor having the 
effect of law till ratified by a vote of the people, and it re- 
quiring time before this vote could be taken, that in view of the 
probable acceptance by the people of these acts, creditors were hurry- 
ing their action and pressing their debtors, thus making these measures 
really acts of oppression, and T was called on to interpose my authori- 
ty, and give to these acts the force of law until the people could vote 
on them. Although personally opposed in principle to any laws in- 
terfering with the rights of creditors, there was nevertheless so much 
force in the reasoning advanced, atid the demand from all classes was 
80 imperative, that after consultation and approval of the Gcneral-in- 



Cliief, orclors wcro issued mtiking said acts laws, until reversed or con- 
firmed by tlio voto of H\Q jiroyile. 

Inimodiatoly on taking coinuiand I was applied to from all parts of 
the several States cornpri'^iiii; the District, ior tlio removal of incum- 
bents in office and the substitution th^-iMu of individuals n(;niinated. 
These applications were based on various {^rounds, sf)me purely per- 
sonal or jwlitical, others on the necessity of a chan<jje in order to carry 
reconstruction, and sometimes on the j;round of neglect of duty, or 
malfeasance in oflice. As it was impossible for me, in my ignorance 
of men, to form aay judgment on the complaints preferred, or on the 
fitness and capacity of those seeking office, I determined to abstain 
from making any changes except where there was proved neglect of 
■duty, malfeasance in oliice, open refusal to obey the Keconstruction 
Laws, or attempts to obstruct their execution. In all cases I required 
written charges and evidence to be produced, and wluni these charges 
afiected, as they did in many inst^mces, whole municipal bodies, I di- 
rected investigati'ju by boards of officers, and in all cases gave those 
accused, a full hearing and every opportunity to defend themselves. 
A firm adherence to this rule, and the reports of several boards non- 
concurring in the charges presented, relieved me, after a while, from 
the great pressure brought to bear and during the whole course of my 
administration there was not a removal made that the archives of the 
District will not show was made for some cause alleged, and after in- 
vestigation. There were necessarily man}' appointments made to fill 
vacancies cau3< d by deaths, resignations and removals of incumbents 
from the Counties or States they were living in. Another difficulty 
which operated to compel me to adopt the course above reported, was 
the fact that by the Keconstruction laws no person could be appointed 
to office without taking the oath prescribed, which was of such a 
character that it limited to a very small number the persons able to 
hold office. So great was this difficulty, that when I saw a bill in Con- 
gress requiring the vacation of all offices by those not able to take 
the test oath, I felt it my duty to telegraph the General-in-Chief that 
if this became a law, it would be impossible to fill the offices, as there 
were not enough such persons in either of the States to fill half the civil 
offices in these States, and I urgently recommended authority be 
granted me to appoint to office registered voters. The bill did not 
become a law, and no change was made in my policy. 

As previously stated the Convention in Alabama, had under my 
predecessor, assembled and framed a Constitution which was to be 
submitted to the people. The Convention had fixed the 4th day of 
February on which to hold the election, and my predecessor directed 
in orders, the election to continue for two days, with as many precincts 



6 

as tlie managers might deem advisable. On representation to me fhat 
two daj's was insufficient to enable all the votes to be received, an ex" 
tension by my authority was made of the time to four days, but the 
precincts limited in each county to three. The election was held at 
the time specified, but ow,ingto a violent storm occurring the first twa 
days, the time was further extended one day, making five in all. A 

'' special report having been made on the subject of this election, I 
deem*it only necessary to say b.ere, that from all the evidence 1 could 
procure, (and I caused the most thorough investigation tobemnde), the 
Constitution was fairly rejected by the people, under the law requi- 

I ring a majority of the registered voters to cast their ballots for or 
against, and that this rejection was based on the mei'its of the Consti- 

; tution itself, which was obnoxious to a large body of the friends of 
reconstruction, proved so by the fact, that out of nineteen thousand 
(10,000) white voters for the Convention, there were only five thou- 
sand (5,000) for the Constitution, and partially from the fact that the 
Constitutional Convention had made nominations to all the State offi- 
cers, which ticket was not acceptable in all respects to the party fa- 
voring reconstruction. It will be seen bj^ an inspection of the tele- 
grams accompanying this report, that I had advised against an election 
for State officers at the same time the Constitution was being voted 
on, believingthat the same was not only not required by the Keconstruc- 
tion Laws, but that there were objections arising out of personal and 
partisan feelings that would or might affect the vote on the Constitu- 
tion. After the rejection of the Constitution, I was in favor of its 
being revised by re-assembling the Convention, and so officially re- 
ported. Congress, however, admitted the State, and the Legislature 
convened under the Constitution, has in some measure, modified its 
most obnoxious features. Upon the subject of this election in Ala- 
bama, I beg leave to refer to my special report and to the telegraphic 
correspondence hereto annexed. 

Tlie election for members of the Constitutional Convention in Flo- 
rida having been held under the direction of my predecessor, he had 
advised the assembling of the same on the 20th of January, 1808. 
Prior to the assembling of the Convention, I had referred to me by 
the President of the United States, a memorial, sent to him by the 
Provisional Governor of the State, and signed very unanimously by 
prominent citizens, in which the gravest charges were brought against 
the managers of the election, involving frauds of all kinds, and even 
charging the registration of the State, and the districting of the same 
as having been fraudulently executed, the memorialists urging me to 
interpose my authority, suspend the meeting of the Convention, and 
proceed to investigate the charges which they pledged themselves to 



prove. Upon examination of {]iv law I could find no remedy short 
of Congressional action, ovuwi .sliouUl their grave charges be proved. 
I therefore made no change in the period fixed for the asscmhling of 
the Convention, but ordered a Board of Officers to investigate the 
charges, notifying the memorialists of my action, and pledging my- 
self to place before Congress all the testimony they might put before 
the Board. It is hardly necessary to say, that when it was found the 
Convention was allowed to meet and do its work, the Board had little 
to do ; and after remaining in session for some weeks, and calling 
without avail on ihe signers of the memorial for their evidence, the 
Board closed its session without having any charge i)roved of all 
those made. The Convention met, but soon after meeting, there arofee 
dissensions and bickerings, resulting in the secession of a large part of 
the Convention, and the claim of both parties to be regarded as the 
legitimate Convention. For some time I allowed these dissensions to 
proceed, not seeingclearly how I could act until I had found that the Con- 
vention which had originally assembled, and which I had recognized 
as the legitimate body, had, by the secession of its members, been re- 
duced below" a legal quorum. When this arrived, I required this bodv 
either to bring in sulficient members to give them a legal quorum, or, 
failing in that, to accept certain terms of compromise, which, after re- 
flection, I deemed just to both parties; or if this failed, I intimated I 
tjhould assume the authority and proceed, in view of the imjwssibility 
of harmonizing the difficulties, to adjourn both Conventions, and re- 
fer the points in disjuite to Congress for such action as it might deem 
proper to take. The compromise proposition having been accepted, 
the two parts of the ('onvention assembled, re-organized and jiro- 
ceeded to frame a Constitution, which was subsequently ratified by the 
people and adopted bj' Congress. 

Thof Convention in Georgia, after being in session several months, 
finally, in March, adopted a Constitution, which, togothi'r with a Slate 
ticket, was submitted to the people in April, and ratified by a very 
handsome majority of the registered vote; all parties taking part in 
the election. This Constitution with some modifications was adopted 
by Congress ; and the Legislature, which convened in July, making 
these modifications and otherwise complying with the requirements of 
the Reconstruction Laws, the State, together with Alabama and Flo- 
rida, were, by Act of Congress, formally admitted to representation. 

There is one j)oint in regard to the admission of the State of Geor- 
gia, to which I feel called upon to make special allusion. When the 
Legislature was convened by the Provisional Governor and Governor 
elect, the question arose whether as Military Connnander, I was called 
on to enquire into the eligibility of the members, either under the 



8 

ITnited States laws, or the Constitution of Georgia. The Convention 
of Georgia had in its ordinance calling an election, directed that all 
returns should be sent to the Military Commander of the District, who 
was requested to issue the necessary certificates of election. In car- 
rying out this request of the Convention, I deemed my duty simply 
required that I should give tbo member having the greatest number 
of votes the ordinar}' certificate of election, and that it would be for 
each House to decide on the eligibility of these members, whose seats 
were on any grounds c()nt(>sted. Whilst I admitted as District Com- 
mander, executing llie law, I was to see that no one ineligible to of- 
fice under the Fourteenth Article Constitutional Amendment should 
be allowed to take office, I did not see that in the case of a [>arlia- 
mentary body, I was called on to decide on the qualifications of the 
members. In this view, I was sustained b}' a telegram sent to me for 
tny information from the War Department, which had been sent to 
the Governor of Louisiana and the Military Commander of tlie Fifth 
District, and which I quote : 

" Washington, June 30, 18G8. 
/' " To Oovernor Warnioulh, New Orleans: 

I " We think that persons disqualified under the Fourteenth Article 

of the Amendment to the Constitution of the United States, are not 

eligible to your Legislature This is to be determined by the respec- 

/ tive Hv)uses, but no oath can be impu.'-ed except the oath prescribed by 

,' the Stale Constitution. 

(Signed) " JAS. WILSON, 

" Chdirnian Judiciary Committee. 
(Sijrned) *' GEO. F. BOUTWELL, 
(Signed) " J . F . F A KN S W O ilTIl , 
(Signed) '' H. E. PAI.nE, 

" Ileconsiriiciion Conmiittee." 

It will be seen by the above telegram that the distinguished ^entle- 
nien whose names were attached, were of the opinion, Firat^ tliat no 
one ineligible to otiice under the Fourteenth Article could take a seat 
in the Legislature ; Second, that the respective Houses were to judge of 
the question ; Ihird, that no oath testing tliiseligibility could or should 
be prescribed in advance of the meeting of the Legislature. These 
views being in accordance with my own, I acted on them, and was 
present at the organization of the two Houses of the Georgia Logisla- 
tuio ; to the members declared in my order as having the highest 
number of votes, there being administered only the oath prescribed hy 
the State Constitution. Alter these Houses were organized, the Pro- 
visional Governor informing me officially of their organizaticMi, but 
that as far as he could learn, no steps had been taken to test the ques- 
tion of the eligibility of members under the Fourteenth Article, I 
replied to the Governor that until the State was admitted to represen- 



\ 



Intion, the Lcgishiturc aiul all the olTiccrs worn oiilv jtrovis'iDnnl, niid 
subject to tlic. ])ar;mi()iint aiitliori(y (»!" tli<> J)i.-<trift Commaiulcr, and 
that in the oxcrrise at' this power I .should con^^ider all aets of the 
Le<;islature null and void, until satisfaetory evidence was presented to 
mo that cai'lj House hud j hi rged itself of incdiijjihle metnbiTs under the 
Fourteenth Article, provided tliere were any such in either House; 
and I desired the Provisional Governor to communicate these views 
to each House. On the receipt of this letter, each House at once or- 
dered ftn investit^atinii; committee and enquired into the qualiticalion 
of each member, and duly reported this fact throu<j;h the Provisional 
Governor, statiui; at the same time that neither House liad found uny 
member ineligible. 

The Provisional Governor, in transmitting these communications, 
expressed the opinion, founded on evidence presented to him, that seve- 
ral members in both Houses were ineligible, and called on me to exer- 
cise my power, and r(^quire said members to vacate their seats. On 
reflecting upon this subject, I could not see how I was to take the in- 
dividual judgment of the Provisional Governor in the face of a solemn 
act of a parliamentary body, especially as, from the testimony pre- 
sented, I did not, in several cases, agree with the judgment of the 
Provisional Governor. The question was simply whether, in the 
construction of a law and in considering the facts of individual cases, 
I should make myself the judge, or take t)ie opinion of the Provisional 
Governor, in the face of the otBcial information that a parliamentary 
body had gravely and formally, through a committee, examined, re- 
ported and acted on these cases. My judgment was decidedly that I 
had fulfilled my duty in compelling the Houses to take the action 
they had, and that having thus acted, I had neither authority, nor 
was it politic or expedient, to overrule their action, and set up my in- 
dividual judgment in opposition. By an inspection of the telegram 
sent July 18, and the reply of the General-in-Chief, July 23, it will 
be seen that my views and actions were apjiroved. 1 allude thus in 
extenso to this subject, because His Excellency, the Governor of 
Georgia, in a public speech recently delivered at Albion, New York, 
is pleased to attribute the failure of Georgia to be properly reconstruc- 
ted, to my action in failing to purge the Legislature of his political 
opponents, he having advised me, when he urged such action, that 
his friends had been relieved of their disability by Congress. 

The States being admitted to representation, the civil power vested 
in the Military Commander by the Reconstruction Acts ceased, and 
civil authority resumed its way. The inauguration of civil govern- 
ment was to me, personally, a source of great relief; charged as I had 
been with almost unlimited powers. Notwithstanding the utmost ef- 
2 



10 

fort on my pnrt to abstain from all interference, except in cases, where 
in my judgment there was no alternative, I found myself the subject 
of virulent abuse, my motives impui^ned, and every imaginable mode 
of attack resorted to, that malice and partisan malignity could devise. 
Determined from the first, to ignore all partisan considerations, and 
to faithfully execute the laws, without reference to any personal or 
political considerations, I encountered, as was to be expected, the ani- 
mosity of both sides, without having the benefit of the sympathy of 
either. I can, however, with just pride refer to my administration, 
as being free from any design to interfere with the rights or liberties 
of any individual, much less any portion of the people ; and if in 
some instances, as in the prosecution of the assassins of the Honora- 
ble G-. W, Ashburn, of Columbus, Georgia, there was, as I have freely 
admitted, arbitrary measures resorted to, wbich irt a different condi- 
tion of society, and under a Avell ordered government, might seem to 
deserve reprobation, I feel satisfied tbe evidence published in the 
Special Keport made upon this subject, will fully convince any candid 
and impartial judge, that my course was imperatively urged upon me. 
I encountered from the outset great embarrassment from the want 
of judgment and knowledge on the part of subordinate agents, and 
from the great desire of those expecting benefit from military inter- 
vention, that I should interpose my authority and set aside the civil 
power. Against these influences I opposed a steady resistance. Soon 
after assuming command, I issued an order both to civil and military 
oflficers, informing the first they would not be interfered with so long 
as they faithfully executed their duties ; and enjoining on the latter 
to abstain from interfering with the civil powers, and in all cases to 
report to me and receive my decision before taking any action ; as, on 
my construction of the law, in the military commander and in him 
alone, rested the authority to supersede the civil power. I beg leave 
to call attention to the report of the Acting Judge Advocate of the 
Department, herewith appended, from which it will be seen that 
during the whole period of my civil administration, extending over a 
space of eight months, there were tried by Military Commission in 
three (3) States of Georgia, Alabama and f'loridaonly thirty-two (32) 
persons ; of these but fifteen (15) were convicted ; and of these fifteen 
(15) the sentence of four (4) were disapproved; of eight (8) others 
remitted ; of two (2) referred to the President of the United States, 
and still awaiting action, leaving but one (1) person convicted and in 
confinement for violation of civil law and tried by Military Commis- 
sion on the cessation of military authority. This simple statement of 
facts I deem a complete refutation of the charges that military power 
was so despotically and arbitrarily exercised. 



11 

Ab with fOfj^nrd to tlio rights of person, so also with those of j)ro])or- 
ly. It was my study and etJbrt to zcahjusly guard tho rights of indi- 
viduals, witliout rcfcrtMico to any considi-ration hut tliut of justice fend 
law so far as I could couiprchend it. Tin- adoption of the relief laws 
in the several States; the loose manner in which these laws were 
drawn hy the several legislatures, involved an immense amount of 
business in receiving, examining into and deciding on the innumerable 
cases which were presented ; one side always claiming military inter- 
vention for their j)rotection> As far as it was possible to do so, theso 
applicants were always referred to the Judiciary, whoso duty it was 
to construe these laws, and it was only in cases where thecj)urts ci»uld 
not act, or could not be referred to, or in cases where legislative action 
Was necc^ssary — in other words, cases where action on the part of the 
military commander seemed to be imperative, that I would uUceany ac- 
tion. And it is ^ratif^yitig to beable to state that since the resumption of 
civil authority and the right of api)cal given to the dissatisfied parties, 
I have had no call for any papers or evidence touching any of the few 
cases acted on. 

1 he amount of labor performed in carrying out the civil and mili- 
tary administration of my command, independent of what specially 
related to the Civil Bureau, during the pei-iod covered by this report, 
(from- January 1st, to November 1st, 1868,) will be .seen by reference 
to the accompanying statement of my Assistant Adjutant General, 
wherein is shown that there were five thousand four hundred and 
thirty-two (5432) letters received, and eighteen hundred and eighty- 
three (1883) letters, and six thousand and eighty-four (G084) endorse- 
ments covering orders, instructions and decisions, sent from my 
Headquarters. 

The States comprising the district having been admitted to repre- 
sentation, orders were issued declaring the cessation of all interven- 
tion on the part of military olficers in civil attairs; and the troops that 
had suffered greatly in discij)line by the manner in which they had 
been detached and scattered, were concentrati'd on railroad centres, 
frtmi whence, in the event of their services being required, they c6uld 
be promptly moved. This movement pfoved very distateful to the 
people and the civil authorities, who, havinjg accustomed themselves 
to rely on the troops toT maintaining order, were at first apprehensive 
■of the consequences of their withdrawal. 

Instructions were recieved from t)ie President and Secretary of 
War confining the troojis to the simjde preservation of the peace, and 
and that only, after the civil authorities had exhausted all the means 
in their power, and called on the military through the proper chan- 
nels. (Sec insti'uciions contained m letters addi^essed to Brevet Major 



12 



General Buckanan an<J io my.clf^ appen.led.) It now l>ocamo my oml^t 
rassin^ duty to decline usin,^ tlu. forces under my cmmand and 
o mpress'on all parties, the altered condition of at.urs. Soon 
after announcing the position of the military, the on n.,e 
Camilla, in Georgia, was committed, where as I have sta 
ted in a special report, the evidence would seem to show, 
hat the authors of the outrage were civil officers; who, under the 
guise of enforcing the law and suppressing disorder, had permitted . 
Lnton sacrifice of life and blood. At the same Ume the report 
stated that the opposite parties,-for the affair was a poht.cal ono- 
had, by their wait of judgment, and their .ns..^ance on abstract 
ri.hts in the face of the remonstrances of fho law ofBcers, givmg these 
officers the opportunity of acting as they did. Immediately on this 
o^tr 4 being reported, an officer was dispatched to the scene, who 
Lade; thorough investigation and report I found from the report 
that the affair lasted but one day and that there was no occasum to 
employ troops for the preservation of order or the protection of he 
people: Being satisfied that the matter had been, and so far as the 
detection and punishment of the criminals was concerned, should con^ 
tinue to be, in the hands of the civil authorities, I transmitted the 
report of the investigation, together with the evidence collected, to 
his Excellency, the Governor of Georgia. 

Early in August, bv the order of the President of the United States, 
the Sec'ond and Third Military Districts were abolished and consoli- 
dated into the Department of the South, to the command of which, I 
was assigned. This added to my command the States of North and 
South Carolina, increasing greatly the duties, because in these States, 
particularly in South Carolina, military authority had, during recon- 
struction, almost entirely superseded the civil. 

Soon after taking command of the Department of the South, I re- 
ceived communications from the Governors of North and South Caro- 
lina urging the use of the troops, in sustaining the Civil Government 
in these States, and notifying m6 of their possessing satisfactory evi- 
dence of armed bodies being organized for the purpose of overthrow- 
ing the government. I had previously received somewhat similar 
communications from the Governors of Georgia, Florida and Ala- 
bama The sum and substance of these letters were an admission that 
the several State governments were powerless and unable to enforce 
the laws, without the aid and co-operation of the Military. I replied 
to these several applications, that I could find nothing in the existing 
law. or the instructions from superior authority, which would justify my 
answcrin- their call; which virtually amounted to taking charge of 
the State^governments.-employing the civil officers as agents of the 



13 

Vnilitarv", tliat my sole and exclusive duty was to pTosorve t"hc pmce^ 
and that only, after it was evident thnt the civil power was unahle so 
to do, and had called on me in th-e manner prescrihcd l»y law. These 
appliciitions became fo numerous arid pre^~sin2^, that in view of the 
«p{)roaching Presidential election, on which day, by the Act of Con- 
gress approved March 2, 1865, I deemed I was authitriy.cd to employ 
the militn»*y A>roes to preserve the peace, ttnd to calm the nfiprehen- 
sions of the anxious, and make known my views tfithe evil disposed, 
1 issued, e^irly in October, an order distributing the troops in the sev- 
«ral States in the Department-, and gave In the order, not only instruc- 
tions to the officers and men, but deemed it my duty to make an ap- 
peal to the people of the several States, urging cnlmness and absti- 
nence from those political excitements, tending to riot and bloodshed. 
Although, particularly careful to require all intervention of the troops 
to be subordinate to, and in aid of, and co-operation with the civil au- 
thoritips, this order was misconstnied and subjected to tho most viru- 
lent criticism. I am gratified however, in being able to state that the 
effect of the order, and the movements made by virtue of it, were in 
the highest degree satisfactory. At the same time, I take this occa- 
sion to call the attention of the General-in-Chief, and through him, 
those having the power to act, to the anomalous condition of affairs 
existing in this Department, and the necessity, if it be deemed proper 
for the military to intervene in civil affairs ; that more power be giv- 
en to the Department Commander, than existing laws confer. 

I beg leave to refer to the reports of the several heads of thf. Staff 
Departments at these Headquarters for the necessary information in 
relation to the position, condition and discipline of the troops. So 
soon as the approaching election is over, it is contemplated to re-con- 
centrate the troops, and to require the strictest attention t3 be paid to 
the drill and discipline of tlie several commands. 

I take this occasion to express to my S4>veral District Commanders, 
and to the officers of the Staff" Departments, and to the officers and 
men of the several command?, my thanks for the prompt and efficient 
co-operation I have ever received at their hands. No army, in pre- 
vious history, -was ever called on to discharge such delicate and re- 
sponsible duties, involving powers that, if abused, might have led to 
the most serious consequences', and yet the transition from military 
to civil power was so imperceptible as to have passed unnoticed but 
for the special means, by way of proclamations, orders, etc., to make 
it public. I do not mean to deny but that there were individual ex- 
ceptions, and that in some cases, bad judgment, political bias, or per- 
sonal feelings, may have influenced the course of some individual 
officer or soldier — this is no more than is to be expected from our 



14 

tintitre — but I do maintain, that taking the large fofce extending of fir 
such an extent of territory, and vested with supreme power, that in- 
stead of the f 'W instances wliere, perhaps, criticism mi^ht be appro- 
priate, the wonder was — and it is to be said to tii« creditof the army — 
that so little abuse was made of a power by those wbo might very 
readily be supposed difficult to- restrain and eontrot. 

Very respectfully, your obedient servant, 

GEORGE G. MEADE, 
Major General U. S. Army, Commanding^ 



TELEGEAMS RECEIVED AND SENT. 



Atlanta, Georgia, January, 8, 1868. 
General tj. S. Grani : 

The passage of ordinances by the Conventions of Alabama and' 
Georgia, enfactins: Polief laws, are producing great suffering in these* 
Stat<^s, by causing expedition to be used in making levies in anticipa- 
tion of those ordinances having the force of law. advantage is being,' 
taken of the interval of time beforo these ordinances are laws to bring: 
levies and exectitic/ns, thus causing these ordinances, intended as a. 
measure of relief, to become, in reality, the m-eans of increasing, and 
c^rcally aggravating tho burdens of the peoj)le. I am, therefore, in- 
clined to adopt the ordinances as the act of the military authority 
and declare them to have force until the question is settled as to the" 
adoption or rejection of the Constitutions enacting them. I refer to 
yot;, Intause j'our telegram of December 23d is adverse to enforcing' 
any of the ordinances of the Conventions prior to the ado]^tion of the" 
Constitutions, and to obtain your approval of my proposed action. 
Answer immediately. 

(Signed) GEOKGE G. MEADE, 

Major General.- 
A true oop3^r 

li. 0. DRUM,. Assis^arzi Adjtdant General. 



WAR DEPARTMEi^T, 

WASlliNaTON, D. C, January 10, 1868. 

Major General George G. Meade. Commanding Third Military District: 

As District Commander, I think you Avill be perfectly justifiable in 

adopting as your own order tlie f^tay Laws pro})osed in the Constitu-' 

\\\j\\i to be submitted to the people of Alabama and Georgia. Tbi»- 



• 15 

course is cliflFcrcnt from adoptinLj, as Ihw, the provisions of tho CoTiBti- 
tutious iu adviiiico ol' tlieir ratiliciitiuu. 

(Signo(l) U. S. GKANT, 

GcneraU 
A true copy: 

K. C. DRUM, A.is'i.'<ia7tt Adjutant Oeneral. 



Atlanta, Gkorqia, January 9, 18G8. 
General U. S. Otniif^ Washington, D. C: 

I have had a couteretice witl) Governor Jenkins, and oxortcd all my 
influence to induce lum to consider the appropriation hy the Conven- 
tion as an ajiproprialion made hy law, and not inconsistent with the 
provisions of the Georii;ia Constitution, and uru;ed him to siij;n the war- 
rant required by the Treasurer. The Governor declined, and there is 
no alternative but the exercise of my power to obtain control of the 
State Treasury. To avoid makini^ any more chancfes than are required 
to ctfect the object, and also the difficulty of finding a suitable person 
and the (piestions of bonds, I propose to remove only the Treasurer, 
and to assign to the duty Brevet Brigadier General linger, with in- 
structions to continue payments as heretofore, in accordance with the 
existing laws of the. State, and to make such payments to the Conven- 
tion as I shall authorize, checking thus unnocessjiry expenditures. I 
sec no other mode of supplying the wants of the Convention, and its 
continuance in session is dependent on its wants being immediately 
supplied. It is probable other steps may have to be taken before the 
money can be secured, as it is intimated that an issue will be made, 
with a view of testing the validity of my powers Your approval or 
disapproval is asked at once. 

(Signed GEORGE G. MEADE, 

Major Oeneral. 
A true copy : 

R. C.^DRUM, Assi.stajit Adjutant General. 

WAR DEPARTMKNT, 

Washington, D. C, January 10, 1868. 
Major General George G. Meade, Commanding Third Military District: 
Plan proposed in your dispatch of last evening to remove State 
Treasurer of Georgia, is approved. 

(Signed) U. S. GRANT, 

General. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



Atlanta, Georgia, January 11, 18G8, 
Oeneral U. S. Grant, Washington, D. C : 

The Convention of Alabama, ordained that when the election for 
the ratification of the Constitution should be held, the people should 
vote to fill all the offices created by the Constitution, and for members 
of Congress. General Pope, in his order authorizes the officers of the 
election to receive the votes cast in conformity with this ordinance. 
Governor Patton and many influential citizens, advocate strongly the 
withdrawal of this authority, alleging it will aflfect injuriously the 
question of ratification, and the nominees, mostly members of the 
Convention, are not such as the people would put in nomination, if 



16 - 

ihey had u fair chance. General Swayne admits some of the objec- 
tions, but sir()nij:;ly reports ai^ainst the revocation, on the j^rtxmd thnt 
it would be disastrous to rc»'onsta>ctlon ■ that it would recjuiro addi- 
tional elections, i;re:vtly to bt? deprecated and th.-At though not required 
explicitly by the Ueconstruction Act, the power exercised by the Con- 
i?ention is implied in th(>s<3 ActSr. My owu judt^-inent, would 1h? against 
author i//ing this election, were the question subiuitted rr^ /;i/7 to. As 
the order has Ixjen issued, there are rea-soiis ag-ainst any ohangt* provi- 
ded the order is legitiiifiatc-. The ordinance contemplates the whole 
of the State machinery going iwto efft'ct, so soon as the Constitution 
is i-atitied ; but 1 do not think the officers elected, can takeoflice with- 
out nify autboi-ity, unfcii tlie Constitution under which they are elected 
receives the approval of Congress But, there will invdoubtedly b(? 
S^reat pre&sure brought to betir, to obtain nny autltority • and recent 
action in Cojjgress, would seem to indicate a desire to j)lace the State 
Governments in the hands of the Couventions, i should be glad to 
liave your views, and a* the urgency is immediate, 1 ask for them by 
telegraph. 

GEOliGE G. MEADE, 

Major Gene7'al. 
A true copy r 

11. (J. DKITM, Asatsiant Adjidant Genei-al. 



WAK BEPAETMENT, 

vV^ASHiNGTr.N, D. C, January 13, 1868. 
Major General Meade, Commanding Third Mititary District: 

You will perceiv(f by the Reconstruction Acts that Coi^ventions are 
to frame cojistitiUions and civil governments for their respective 
States, which already implies authority to order the election of officers 
thereunder, and in fixing the day of election, Alabama has only fol- 
lowed an established precedent 

The Governments elected cannot assume authority except under 
orders from the District Commander, or after action of Congress upon 
their Constitutions. 

(Signed) U. S. GRANT, 

General. 
A true copy : 

li, C. DRUM, Assistant Adjutant General. 



WAR DEPARTMENT, 

Washington, D. C, January 13, 1868. 
Major General George G. Meade, Connnanding Third Military District : 
1 would not advise interference with elections ordered by the State 
Constitutions, unless very satisfactory reasons exist for doing so. 

(Signed) U. S. GRANT, 

General. 
A true copy ' 

R. C. DRUM, Assistant Adjutant General. 



Atlanta, Georgia, January 12, 1868. 
General U. S. Grant, Washingt m, D. C: 
General Swayne, upon further reflection, and fuller information as 



17 

lo the cliaractor of tho nominees, witlidiaw-! tlio objections, reported 
in my dispntcli ol' y(\<t(!rJay, to tlio post;)onernont of tlio election of 
tState officers in Alabaiiiu on tiie 4thof Februarv proximo. 

GKOK(^E G. MEADP:, 

Majo7' General. 
A true copy : 

R. 0. DRU.A[, Asahtani Adjutant General, 



Washington. D. n, January 15, 1808. 
Major General George G. Meade, Commandlnci Third Military District : 
Tolej^ram to General Grant received. He replies, act according to 
your own judgment about postponinc: Conventions. 

(Siuned) ADAM BADEAU, 
Brevet Bricjadier General and A. D. C. 
A true copy : 

K. U. DKUM, Assistant AdjutayH General. . 



HEADQUARTERS THIRD .AriLlTARY DlSTiUCT, 
Atlanta, Georgia, January 12, 1808. 
Oevernl U, S. Gy^ant : 

Unless the pending bill in Congress, directing military commanders 
to fill all the offices in the States under thoir commjinds rescinds the 
test oath and provides for selection from (pitilitied voters, I am in- 
formed its execution in this District will be ontirelv impracticable 

GEORGE G. MEADE, 

Major General. 
A true copy : 

R^ C, DRUM, Assistant Adjutant General, 



HEADQUARTERS THIRD MILITARY DISTRICT, 
Atlanta, Geouqia, January 15, 1808. 
General V. S, Grant, Washington, D. C : 

The Governor of Florida has laid before me, and endorsed the same, 
a petition numerously signed, asking that the order of (Tcneral Pope 
calling together the Constitutional Convention on the 20th inst., be 
suspended for a period sutHciently long to enable me to decide on the 
questions rai.sed ))y them invalidating the eb'ction of the members. 
The points raised, are the violation of the Reconstruction Laws by 
Gent-ral Pope. First,m the manner of districting the State. Second- 
ly.xin the registration thereof. Thirdlt/^ in the conduct of the election. 
There is not time for me to deliberately examine those points, but 
there is prima facie evidence justifying me in the belief that perhaj>s, 
according to my judgment, the Reconstruction Laws luive not been 
strictly adhered !!o, or at least there are grave qucTStions raised. 
Under this view, I am disposed to postp<)ne the meeting of the C'on- 
vention for thirty days; but in this, as in all cases, refrain from act- 
ing until advised tliat you do not disapprove my proposed action. 
Please reply immediately, 

(Signed) GEORGE G. MEADE, 

Major Gencr^fi. 
A true copy : 

R. C. DRUM, Assistant Adjuia^nt General. 
3 



18 

HEADQUAKTERS THIRD MILITARY DISTRICT, 
Atlanta, Georgia January 16, 1868. 
General U. S. Grn7it, U. S. Army, Washington, D. C. : 

Has a District Commander any authority, under the law, to correct 
infractions of the hiw ? Has he any power, supposing he is satisfied 
that an election had rtot heen properly conducted, or that great frauds 
existed, to set the election aside, and order another? My own opinion 
is, that he has not, and that the only appeal in cases of improper dis- 
tricting, or fraudulent election, is to be found in Congress wlien the 
Constitutions are acted upon. Answers to these questions are impor- 
tant because if I cannot correct the evils charged in the case of Flo- 
rida, there is no occasion to postpone the meeting of the Convention. 

GEORGE G. MEADE, 

Major General. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



"Washington, D. C, January 17, 1868. 
Major General George G. Meade, Commanding Third Military Dis- 
trict : 

Congress unquestionably can determine upon the question presented 
by the Governor of Florida, whatever may be the authority of Dis- 
trict Commanders over such cases. 

Major General Pope having practically settled the matter com- 
plained of, by his action, before you assumed command of the Third 
District, it is deemed judicious, not to interfere with meeting of the 
Convention at the time ordered by him ; but leave the whole matter 
to Congress, on its final action. 

(Signed) U. S. GRANT, 

General. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, Georgia, January', 18, 1868. 
General U. S. Grant, Washington, D. C. : 

Gkxeral: The State Treasurer and Comptroller General of this 
State, have not only removed beyond my jurisdiction all the funds in 
their charge, but all the books and records of thei^ offices, hoping by 
these means to force a resort to civil process. As^hese acts are not 
only in violation of the statutes of Georgia, but clear cases of contempt 
of the power and authority of the United States, I have ordered the 
arrest, and if necessary, confinement of these derelict officers, and 
their trial by Military Commission for malfeasance in office and con- 
tempt of authority. 

(Signed) GEORGE G. MEADE, 

Major General. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



Washington, D. C, January 18, 1868. 
Major General George G. Meade, Gorn^nandiyig Third Military Dis^ 
irict : 
Tell me whether you think the election for civil officers in Alabama, 



19 

sliould take place as now ordered, or not. It looks to me, better tliat 
it ijlioukl ; but, beinsj; present, you ean tell better than T can. 

(JSigtu'd) U. S. GRANT, 

General. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 
Atlanta, Gkokqia, Junuary 18, 1808. 
General U. S. Grant, Washington, I). C: 

I liave nothini^ to add my telei^rams of the eleventh and twelfth 
instants in relation to postponement of Alabama election. My own 
judgment was in favor of rescinding General Pope'.'* order authorizing 
it, but your dispatches of the thirteenth instant were so conclusive, 
find the delicacy I have in regard to General Pope's orders, caused 
me to notify Governor Patton that I should take no action. It is now, 
in my judgment, as the election is so near, too late to make any 
change. 

(Signed) GEORGE G. MEADE, 

Major General. 
A true copy: 

R. C. DRUM, Assi.stant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 
Atlanta, Gkorgia, January 19, 1808. 
General U. S. Grants Washington, D. C. : 

The conduct of the oflScials of Georgia, embarrass me in procuring 
funds for immediate purposes. I am informed the Georgia .State 
Road, under instructions from the Governor, and doubtless, in antici- 
pation of existing condition of affairs, has recently, without regard to 
the wants of the State Treasury, {)aid large sums to tin,' t^uartertnastcr 
General, on account of its indebtedness to the Government. It has 
occurred to me, that if this money has not yet reverted to the Treas- 
ury, and is under the control of the War Department, that a tempo- 
rary return of a portion of it might be made to the Treasurer of 
Georgia or myself, for immediate wants; and when the present diffi- 
culties are overcome, and the revenue of the State derived from the 
regular sources, this loan could be returned. If this is practicable, I 
would most urgently recommend it, as if I can only get money, the 
officials are flanked. I am furtlier advised by the Sujierintendent of 
the State road, who is faithfully co-o]ierating with me, that if the 
auditing and settlement of his accounts could be transferred from 
Colonel Dana, at Washington, to an officer here — either General Sax- 
ton or Capt'iin Farnsworth, that the settlement would be greatly ex- 
pedited, and the revenue derived from the road, placed in the State 
Treasury in a much shorter time. This is very desirable, and I would 
urge said transfer be authorized. 

(Signed) GEORGE G. MKADE. 

Major General. 
A true copj'^ : 

R. C. DRUM, Assistant Adjutant General. 



20 

HEADQUARTEKS THIRD MILITARY DISTRICT, 
Atlanta, GEOUGiA, January 23, 1868. 
General U. S. Grant, Washington^ D. C. : 

Tlie imyiortance of tlie subject and tlie very great embarrassment I 
find myself in, owing to the financial condition of this State, author- 
ize and compel me to call j'our attenton to my telegram of the 19tU 
instant, and to urge immediate action thereon. 

(Signed) GEORGE G. MEADE, 

Major General. 
A true copy ; 

R. (3. DRUM, Assisiant Adjutant General. 



Washington, D. C, January 24, 1868. 
Ma^or General George G. Meade, Comjna.nding Third Military District: 
^ I have recommended the adoption of your suggestions about Geor- 
gia Railroad and funds. 

(Signed) U. S. GRAN"T, 

Genei'al. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, Georgia, January 31 , 1868. 
General U. S. Grant, Washingtoyi, D. C: 

I am sorry to seem to be importunate, but the Convention presses 
me with their wants, and are inaking various propositions to raise 
money which, in the event of any action being had on my telegrams 
of the nineteenth instant, I am reluctant to accede to. I therefore, 
would like to hear what probability there is of my proposition and 
your recommendation being acted on. 

(Signed) GEORGE G. MEADE, 

Major General. 
A true copy : 

R. C. DRUM, Assisiant Adjutant General. 



Washington, D. C, February 1, 1868. 
Major General George G. Meade, Commanding Third Military District: 
Report of action on your dispatch of 19th January, was sent by 
mail several days ago. There is scarcely any hope of anything from 
here, of a pecuniary nature. 

U. S. GRANT, 

General. 
A true copy : 

R. 0. DRUM, Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 
Atlanta, Georgia, January 21, 1868. 
General U. S. Grant^ Washington, D. C. : 

I have received, through the President of the United States, a com- 
munication from the Governor of Florida, relating to the meeting of 
the Convention. May I ask you to show to the President my tele- 



21 

gmnis on this subject, with your rciplics. I am udvisod to-day, by tele- 
grajih, that the Convontion inot v<'st(^r<luv and adjonrnod. 

(Sii^nod) GEOKGE G. MKADM, 

Major Qcneral. 
A true copy : 

}i. C. DRUM, Assistant Adjutant General. 

WAK DEPARTMENT, 
"Washington, D. C, January 25, 1808. 
Major General George G. Mcnde, (himnanding Third Military DiHtrici : 
Will it not be well to extend the number of days the Polls are to 
be kept open at the Alabama election, in order to <;ive full opportuni- 
ty to all who register, to vote? Two duy,-; will hardly be sufficient 
time. 

It would be better to amend General Pope's order now, than after 
the election had commenced. 

(Signed) U. vS. GRANT, 

General. 
A true copy : 

II. C. DRUM, Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, Georgia, January 2(j, 1808. 
General U. S. Grant, WashitKjton^ D. C. : 

After reference to Commanding Officer, in x\labama, I have modi- 
fied General Order No. 101, so as to allow four days for voting, and 
confined the number of precincts to not more than three, in any one 
county. 

(Signed) GEORGE G. MEADE, 

Major General, 
A true copy : 

R. C DRUM, Assistant Adjutant General. 



Washington, D. C, February 5, 1808. 
Major General George G. Meade, Commanding : 

Your a))plieation in relation to the bill to be filed in the Supreme 
Court of the United States by Charles J. Jenkins, is received. 
Counsel will be employed and the matter attended to. 

(Signed) E. M. STANTON, 

Secretary of War. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



Washington, D. C, February 10, 1868. 
Major General G. G. Meade: 

Tell me the probable result of Alabama election. 

(Signed) U. S. GRANT, 

V Ueneral. 



HEADQUAETERS third MILITARY DISTRICT, 
Atlanta, Geobgia, February 10, 1868. 
General U. S. Grant, Washinrjton, D. C: 

1 returned from Alabama yesterday. The election passed off with- 
out disorder of any kind. It is not practicable, as yet, to form any 



22 

accurate opinion of the vote, but indications would seem to show that 
it will not be greater than the vote cast for Convention, perhaps less, 
and if the registered vote has been much increased, the Constitution 
may bo lost. In some of the Counties, no polls were opened — cause as 
yet unknown. In others, neither of the orders extending time of elec- 
tion were received, I am having a thorough investigation of these 
cases, and wherever I am satisliod the facilities required by the law 
have not been furnished, I shall re-open the polls, or have polls 
opened for a sufficient length of tin:ie to enable all who desire to rote 
to do so. 

GEORGE G. MEADE, 

Major General. 
A true cop}'' '. 

R< C. DRUM, Assistant Adjutant General. 



Washingtox, D. C, February 12, 1868. 

Major General George G. Meade, Commandvig Thirl M'dxlary District f 
Atlanta, Georgia: 

Your dispatch, stating that you would investigate causes for non- 
holding of election, in parts of Alabama, and non-extension of time 
in others, and determination to give time hereafter, is right. We 
have nothing to do with defeat or success of the Constitution of Ala- 
bama ; but it is the duty of the Military to see that all who are enti- 
tled to, should have an opportunity to express their will in the matter 
ttt the polls. 

(Signed) XJ. S. GRANT, 

General, 
A true copy i 

E. C. DRUM, Assistant Adjutant General. 



I^EBRtTARY 12, 1868. 

General Grant, Washington, D. C. : 

Out of forty-six delegates elected to the Convention of Florida, and 
ordered by General Pope to assemble at Tallahassee, forty appeared 
and organized. iSubsequently, dissensions arose, — principally on the 
question of distribution of officers — when eighteen of the members 
withdrew from the Convention. The twenty-two left, proceeded to 
form a Constitution and have notified me of their having done so, and 
ask an order for an election, and await my action prior to adjourn- 
ment. In the mean time, the eighteen seceders joined by three of the 
delegates who failed to appear at the original organization, making 
twenty-one elected members, have organized and sent a protest against 
the action of the original body, and claim they have tw nty-four 
members present. Up to this time, I have declined to interfere with 
their dissensions or to allow the military power to intervene in aid of 
one or the other party, deferring any action till their proteedings re- 
quired it on my part. I must nowdi^cide on the legality of the acts 
of twenty-two who present a Constitution. If this party had a ma- 
jority of the original members elected, I would have no doubt of their 
status, — but they have not. They have a majority of the members 
present at the organization, but three are known to have since joined, 
and the seceders claim that six have joined them. In other words, 
are twenty-two members of a body to which forty-six were elected, 



23 

forty oTixanir/^l, aiul tlircn siibscquontly appoared, competent to dis- 
charcje the functions assi<;n(Ml l)y liiw to tlie Convention. 

I should have gone to Florida hut for the Aluhaina election, and 
shall now cjo so soon as jitfairs in Alal^amii will |i('rn»it. I have used 
'cvciy effort by rec(nnnien(lation.s to produeo harmony, and p<'rhaf»s, 
unless otherwise advis(>d by you, shall continue to refuse any action 
until sufficient number of the secedcrs shall return to the orii^inal 
bodv, so as to make tht^ir number a majority of the number eltK-ted. 
Tills will require the return of two uf tlie Senators. Your views are 
asked as soon as possible. 

(Signed G EO RG E G . M E A D E , 

Major Grmral. 
A true copy : 

R, C. DRUM, Assistant A(fjntant General. 



v^Tasiiington, D. C, February 13, 1868. 
Major General George G. Meade, Commanding Third Military District, 
Atlanta, Georgia: 

Has not the Convention of Florida expelled some of the members 
elect as ineligible to seats? If so, is not twenty-two members a quo- 
rum, and are not the expelled members among the seceders ? 

•(Signed) U. S. GRANT, 

General. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



Washington, D. C, February 13, 1808. 
Major General George G. Meade, Commanding Third Military District : 

I .suggest that you advise Florida Convention that their acts can 
not be recognized unless they are the acts of an undoubted quorum of 
the whole number of Delegates elected. Unless such a quorum open 
in their acts in a rea«)nable time, I would refer the whole matter, 
with all facts, to Congress. It will be well for you to go to Florida 
as soon as possible, 

(Signed) U. S. GRANT, 

GenetaL 
A true cop3': 

R. C. DRUM, Assistant Adjutant General. 



WAR DEPARTMENT, 
Washington, D. C, February 28, 1868. 
Major General George G. Meade, Commanding Third Wlitnry District^ 
Atiania, Georgia : 
If any notice, subpoena, or other paper is served on you, in the 
Georgia case, gWe no answer whatever, other than to refer any party 
or paper to our Council, care of the Secretary of War. Give the 
«ame notice to Ruger and Rockwell. 

(Signed) U. S. GRANT, 

GetieraL 
A true copy : 

R C. DRUM, Assistant Adjutant General 



24 

Atlanta, Geoegia, February 29, 1868, 
General U. S. Grants Washington, D. C: 

The Florida Convention have submitted to me an ordinance relating 
to the ratiiication of the Constitution and election of officers under it. 
This ordinance provides that when the election is held under my or- 
ders for ratiiication, that the judges, inspectors and othei- officers shall 
provide separate ballot boxes, etc., and shall receive the ballots for 
Congressional, State and County officers, of all persons qualified to 
vote under the provisions of tl)e Constitution, or^ in other words, the 
votes of persons not registered under the Reconstruction Laws, are to 
be allowed to vote for these officers. Is this election of officers under 
the Constitution, and onl}' to take office on the adoption of the Con- 
stitution, to be considered as an election for offi'cers under the Pro- 
visional Government reterred to in section six of Act approved March 
2, ]867y and all non-registered voters, excluded by this section at first 
election held under the new Constitution ? Again, the ordinance 
designates certain days in May for holding the election. Since ad- 
journing, the President of the Convention, on behalf of a majorit}' of 
its members, applies to have the date of election advanced to some 
time in April. Docs section four of Act approved March 23, 1807^ 
authorize District Commander to fix day of election, or change the 
same, after the Convention has designated a day ? 

GEORGE G. MEADE, 

Major OeneraL 
A true copy ; 

R. C DRUM, Assistant Adjutant Gene^^al. 



Washington, D. C, March 2, 1868. 
Major General George G. Meade, Commanding Third Miliiary District : 

The election proposed by the Convention for officers under the new 
Constitution, I do not consider as an election for officers under the 
Provisional Government, referred to in Section six (G) of the Act ap- 
proved March 2, 1867. It is clear to my mind, that a proper con- 
struction of Section four (4), of Act approved March 2o, 1867, does 
not authorize District Commanders to fix or change the day of elec- 
tion, after it has been designated by the Convention. 

U. S. GRANT, 

General. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 

HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, GifiOROiA, March 6, 1868. 
General Grant, Washington, D. (\ : 

Can you not send mo an official or certified copy of the supplemen- 
tary Reconstruction Act, recently passed by Congress, — I mean the 
one authorizing elections for State officers, at same time that Consti- 
tution is submitted for ratification. 

(Signed) GEORGE G. MEADE, 

Major General, 



Washington, D. C, March 7, 1868. 
Major General Geo^'ge G. Meade, Commanding Ihird Miliiary District: 
Please transmit immediately, a copy of the protest of the Georgia 



25 

Conventioi!, ag;iin^-t the proceed ini^-s of Govei-nor Jcnlcins, now pond- 
ing in the Supreme Court of the United States, which you hitely for- 
warded. The copy to be authenticated by the signatures of the Pres- 
ident and Secretary of the Convention, without any State ; but certi- 
fied by you to be genuine signatures of tliosc officers, and that they 
are the President and Secretary of the State Convention now in ses- 
sion. The paper should reach here before next Friday, and may be 
sent by special messenger, to be detailed for that purpose. To have 
the authentication correct, it would be well to send a copy of the au- 
thentication by telegraph, omitting the protest itself, so that any 
changes desired by counsel can be made. Acknowledge this tele- 
graph. 

EDWIN M. STANTON. 
A true copy: 

11. C. DRUM, Assistant Adjidant General. 



HEADQUAETEES THIRD MILITAEY DISTEICT, 

Atlanta, Georgia, March 9, 1868, 
Hon. E. M. Stanton, Secretary of War, Washington, D. C. : 

Sir: — I send herewith by the hands of Brevet Lieutenant Colonel 
C. D. Emory, Aide-de-Camp, an official copy of the resolution of the 
Georgia Convention in relation to the suit brought in the Supreme 
Court of the United States in the name of the State of Georgia. 
Very respectfuHv, your obedient servant, 

(Signed) GEOEGE G. MEADE, 

Major General U. S. A,, Covmianding. 
A true copy : 

E. C. DEUM, Assistant Adjutant General. 



Washington, D. C, March 8, 1868. 
Major General George G. Meade, Commanding : 

The proposed certificate is right, but to use every precaution, it 
would be well to add also your affidavit. The papers must be here by 
Thursday night, and as much earlier as possible. 

E. M. STANTON. 
A true copy : 

E. C. DEUM, Assistant Adjutant General. 



Washington, D. C, March 7, 1868. 
Major General George G. Meade. GoniniandAng : 

Law asked for by you, sent by mail. 

W^hen may vour report on Alabama election be looked for? 

(Signed) U. S. GEANT, 

General. 
A true copy : 

E. C. DEUM, Assistant Adjutant General. 



HEADQUAETEES THIED MILITAEY DISTRICT, 

Atlanta, Georgia, March, 9, 1868. 
General U. S. Grant, Washington^ D. C: 

I have only to-day received report on Alabama election. Vote for 

Constitution 70,812; against it 1,005; total vote cast 71,817; total 

vote cast for Convention 91,808; white vote for Constitution 6,702; 

white vote cast for Convention 18,553 : vote on Constitution lacks for 

4 



26 

ratification 13,550. Out of 02 Counties, twenty voted four days, thir- 
tes-n voted two days, and two had no election, the balance, twenty- 
seven, voted five days. I am satisfi(Kl the Constitution was lost on its 
merits, and I think the best to do, would be for Congress to re-assemble 
the Convention to revise the Constitution and then re-submit it to the 
people under the new law, giving a majority of votes cast the power 
to ratify. I do not see much use in re-opening the yiolls as I proposed, 
as there is no possibility the votes that would be cast afl'ecting the 
result. As soon as I can get away from here, I shall go to Montgome- 
ry to decide the question. In the mean time, as soon as I can have 
prepared the data, I will send you a report, showing the election as it 
took place ; this will require perhaps a week. 

(Signed) GEORGE G. MEADE, 

Major General. 



Washington, D. C, March 9, 1868. 

Major General George G. Meade, Commanding : 

Telegraph me the number of votes cast for Constitution; the num- 
ber against, and the total number registered. Resolution of Congress 
calls on me for this information. 

(Signed) U. S. GRANT, 

GeneraK 
A true copy : 

E. C. DRUM, Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, Georgia, Marcli 10, 18r)8. 
General U. S. Grant, Washington, D. C: 

I telegraphed you yesterday the result of Alabama election. By 
adding the amount, vote on Constitution fails of ratification, to that 
vote, and doubling, you will get amount of registered votes, viz : one 
hundred and ninety thousand seven hundred and thirty four, — but I 
should explain, that this amount is partly estimated, as some of the 
counties had not all sent in their revised registration. Again, this 
amount includes registration in these counties where no election was 
had, which ought not, in my judgment, to be included. All these 
points I will give you when my written report goes on. I telegraphed 
vesterday only the substance of Ilayden's report. 

(Signed) GEORGE G. MEADE, 

Major General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, Georgia, March 12, 1868. 
General Grant, Washington, D. C: 

Alabama election returns show that the vote on Governor is eleven 
hundred and eighty-six less than vote on Constitution, and vote on 
Fr(jbate Judges is seven hundred and forty-two less than vote for 
Constitution. 1 send these because it has been charged that gross 
frauds were per'petrated in mutilating the tickets of colored men by 
tearing off" the vote on the Constitution, and it was predicted that the 
vote for Probate Judges would exceed the vote on the Constitution by 
many thousands. I am of the opinion that most of the charges of ex- 
tensive frauds will prove as illusory as the above. There were un- 
doubtedly irregularities in the election sufllcient to justify its being 



27 

¥rt aside as recommended, and I believe a more liberal Constitutioa 
would command a majority of votes. In this State and Florida, 
where the Constitutions do not go bej^ond the requirements of Con- 
gress, but fully comply with them, there seems to bo no doubt among 
all parties but that the people will ratify them by large? majorities. 
The Georgia Convention adjourned yesterday, and the election for 
ratification will bo held on the twentieth proximo. 

(Signed) GEOKGE G. MEADE, 

Maior General U. S. A, 



Washington, D. C, Marcn 13, 18G8. 
Major General George G. Meade, Commanding: 

The last amendatory Reconstruction Act is now law. 

U. S. GRANT, 

General. 
A true copy : 

E. C. DEUM, Asslsianl Adjutant General 



Washington, D. C, March 13, 1868. 
Major General George G. Jleade, Commanding Third Military Disirid : 

If you think it advisable to authorize the Florida election to take 
place in April, do not permit anything in my dispatch on that sub- 
ject to keep you from it. 

U. S. GRANT, 

Generah 
A true copv : 

R. d DRUM, AssisUmt Adjutant General 

HEADQUARTERS THIRD MILITARY DISTICT, 
Atlanta, Georgia, March 14, 18G8. 
General Grant., Washington, D. C: 

Georgia Convention, in ordering election of members of Congress 
and State officers, after prescribing that at thesp elections the qualifi- 
cations for voters shall be the same as prescribed by acts of Congress 
for voters on ratification, require voters to swear they will support the 
Constitution submitted, and that they have not prevented, or at- 
tempted to prevent, any one from voting. Is this permitted b-y the 
law of March 12, 1868, which prescribes that at these elections regis- 
tered voters may vote? If permitted, do you think any oath should 
be required of registered voters for officers under the Constitution 
which is not required of voters on the Constitution ? 

(Signed) GEORGE G. MEADE. 



Washington, D. C, March 16, 1868. 
Major General George G. Meaie, Commanding Third Miliiary District : 

Section two of the last amendatory Reconstruction Act provides the 
same qualifications for voters for members of Congress and the elective 
officers provided for by the Constitution submitted, as are prescribed 
for voters on the ratification of the Constitution. Voters on the rati- 
fication of the Constitution cannot, under the law, be required to take 
the oath prescribed by the Convention, and, in my opinion, it would 
l>e in contravention of the acts of Congress to require voters for Con- 



28 

gressmen and other elective officers to take it. Section second, re- 
ferred to, is applicable to the Florida election. 

U. S. GEANT, 

General . 
A true copy : 

K. C. DRUM, Assistant Adjutant General. 



Washington, D. C, March 28, 1868. 
Mijor General George G. Meade, Commindlw/ Third MilUnrtj Dlsirld : 

The motion for injunction ag-ainst you and General Ruger, and Col- 
onel Rockwell, was postponed by the Court yesterday, until the 1st of 
December next. 

E. M. STANTON. 
A true copy : 

R. G. DRUM, Assistant Adjutant General. 

WashincxTOn, D. C, April 2, 1868. 
Major General George G. Meade, (Commanding Third Military District, At^ 
lanta, Georgia. 

I su<i,-g-cst that the murder of Mr. Ashburn be investigated and 
justice be meted out promptly by Military Commission if the civil 
courts cannot be relied on. 

(Signed) U. S. GRANT, 

GeneraL 
A true copy : 

R. C. DRUM, Assistant Adjutant General 



HEADQUARTERS THIRD MILITARY DISTRICT, 

Att.anta, Georgia, April 3, 1868. 
General Grant : 

I have just returned from Florida, and find your dispatch in rela- 
tion to the murder of Mr. Ashburn. Captain Mills, commanding at 
Columbus, reports he is doing everything in co-operation with the 
civil authorities, to detect and arrest the murderers; and if any are 
caught, I intend trving them by Militarv Commission. 

(Signed) GEORGE G. MEADE, 

Major General. 
A true copy : 

R, C. DRUM, Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, Georgia, April -1, 1868. 
General Grant, Washington, D. C.: 

There are unmistakable signs of disorder in this State and Ala- 
bama from secret organizations, such as have disturbed Tennessee. I 
am about issuing a very stringent order, and shall take very summary 
measures to check this evil, if practicable, but the force under my 
command is insufficient to control all parts of these Slates, and in 
view of the approaching elections I would be much relieved if the 
forces here could be temporarily increased, say an additional re^giment 
tor two months. The moral eflcct of re-inforcements would be very 
great, besides the actual benefit of additional forces. The people are 
becoming alarmed, the negroes getting excited threatening retaliation, 
and affairs within the last ten days assuming a serious aspect. The 



object seems to be to drive obnoxious men out of the countrv. If you 
cannot spare a regiment, any companies 3'oa can send will be of great 
Value. 

(Signed) GEOEGE G. MEADE, 

Major General. 
A true copy ; 

R. C. DEUM, Assistonl Adjutant GeneraU 

Washington, D. C, April 7, 1868. 

Major General George G. Meade, Coimnamling Ihird Military Dlsirict At- 
lanta, Georgia : 
Will it not be well to remove all the civil officers in Columbus, and 
all other places where like outrages occur. 

In Alabama, where outrages are committed, tlie men elected might 
be installed. 

(Signed) U. S. GEANT, 

Ge7ieral. 
A true copy : 

JL C. DRQM, Assistant Adjutant General 

HEADQUAETEES THIED MILITAEY DISTEICT, 

Atlanta, iGkorgia, April 9, 1868. 
General U. S. Grant : 

I have not removed civil authorities of Columbus, because Captain 
Mills, commanding there, reported they were acting in concert with 
him, and evinced every disposition to ferret out murderers. I did 
not send any Board to investigate, because Mills and his subordinates 
were doing every thing it was practicable to do. I have been fully 
■alive to the necessity of action, but am v/aiting till I see the timie 
when action will be available. Captain Mills has made some ten ar- 
rests, princi])ally of people whom he has reason to believe have knowl- 
edge of the perpetrators of the deed. I have sent Major Smyth, of 
the Judge Advocate General's Department, to assist in the investiga- 
tion, and have written to Mills to get his judgment on expediency of 
making removals of the civil officers. There will be difficulty just 
now in finding people willing to assume the responsibilities and dan- 
gers of the position. 

(Signed) GEOEGE G. MEADE, 

Major GeneraU 
A true copy : 

E. C DEUM, Assistard Adjutant General. 

HEADQUAETEES THIED MILITAEY DISTEICT, 

Atlanta, Geoiigia, April 11, 1868. 
General U. S. Giyint, Washington, D. C. : 

Have requested General Gillem to send companies at once to this 
place. These, with those from Thomas, will answer all purposes so 
far as can be anticipated. Matters have become in appearance much 
quieter, since issuing General Orders No. 51. 

(Signed) GEOEGE G. MEADE, 

Major GeneraL 
A true copy : 

E. C. DEUM, Assistant Adjutant General, 



30 

HEADQUARTEES THIRL) MFLTTyVRY DISTRICT, 
Atlanta, GffiOKOiA, April 29, 18G8. 
General V. S. Grant ^ Washingto?i, D. C. : 

Election passed otf fts quietl}" as could be expected, one or two seri- 
ous outbreaks only. Many complaints of frauds from both rides, and 
some applications based on them for re-election. These will be 
thoroa2:hly investigated, and action predicated on result of investiga- 
tion. Official returns come in slowly. No accurate judgment can as 
yet be formed, but the probabilities are that the Constitution is rati- 
fied by a very large majority; Bullock, Republican, elected by a small 
majority, and Democrats carried a majority of the Legislature. No 
acknowledgment has bee^ received by me of my letter to you of the 
16th instant, and I would be relieved to know, at the earliest moment, 
your views on the points raised therein. 

GEORGE G. MEADE, 

Major General. 
A true copy : 

R. C. DRUM, Assistant Adjutant Geyieral. 



HEADQUARTERS, WAR DEPARTMENT, 

Washingto?.^, D. ri., April 29, 1868. 
Major General George G. Meade, Cotninandln g Third Military District / 

I have carefully read your letter of 16th April, and its enclosures. 
1 see nothing in them to change my opinion as expressed to you in 
my dispatch of March 2, 1868. 

The ofHcers elected under the new Constitution of Georgia, nre not 
officers of the Provisional G(jvernment referred to in the Rec(mstruc- 
tion Acts, nor are they officers elected under any so-called State au- 
thority, and are not therefore required to take the oath prescribed in 
section nine, Act of July 19, 1867. The eligibility to hold office 
must be determined by the new Constitution, and the Amendm'^nt to 
the Constitution of the United States, designated as Article Fourteen. 
^_ (Signed) I'. S. GRANT, 

G'ueral. 
A true copy : 

R. 0. DRUM, Assistant Adjutant Oeneral, 



HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, Georgi/v, May 2, 1868. 
General U. S. Grant ^ Washington^ D. C. : 

Ryland Randolph, editor of the Tuscaloosa Monitor, whose paper 
has been frequently sent to you, as well as myself, recently assaulted, 
with intent to kill, a freed man in that town. The disordered condi- 
tion of the State ; the influential position of the criminal, induced 
General Shepherd to have Randolph arrested and to prefer charges 
against him, which I have ordered tried by Military Commission. 
Judge Busteed, of the United States District Court, has granted a 
writ of habeas corpus returnable on the 5th inst. Under my orders, 
(General Orders No. 11,) this writ will be obeyed so far as presenting 
the body in court and making respectful return, setting forth the 
ground and authority of arrest. It is not known whether Judge 
Busteed will acknowledge the authority or admit the justification on 



31 

the grounds set forth. Should he order the discharge of the prisoner, 
your opinion of the course to be pursued is solicited. 

(Signed) GEUKGE G. MEADE, 

Major General. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



Washington, D. C, Maj^ 4, 18G8. 
Major General George G. Meade^ Commandinc/ : 

Randolph being taken before a United States Court, I advise sub- 
mission to decision of that court. 

U. S. GRANT, 

General. 
A true copy : 

R. C DRUM, Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, Georgia, May 8, 1868. 
General Grant, Washmnton, D. C. : 

Colonel Sprague telegraphs, election in Florida passed off without 
disorder; judging from partial returns, Constitution ratilied by about 
three thousand majority, and Reed ticket, (Republican,) elected by a 
small majority. The oflBcial returns have been received in this State 
from all but one ccunty, and show Constitution ratified by 17,073 ma- 
jority ; Bullock elected by 7,279 majority; Senate 27 Republicans, 16 
Democrats, 1 doubtful. House 95 Republicans, 74 Democrats, and 6 
doubtful. 

(Signed) GEORGE G. MEADE, 

Major General. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



Washington, D. C, May 9, 1868. 
Major Genr.ral George G. Meade, Co-ininanding : 

Do 3^ou think it advisable to ajipoint civil officers elected at late 
election in Georgia to relieve all army officers heretofore a])pointed 
by you ? 

(Signed) U. S. GRANT, 

General. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



HEADQUARTERS THIRD ]\[ILITARY DISTRICT, 

Atlanta., Georgia, May 11, 1868. 
General U. S. Grant, Washington, D C: 

It was not my intention to put in office any of the civil officers 
recently elected until Congress had acted on the Constitution. The 
only army officers detailed are the Governor, Comptroller and Trea- 
surer. The Governor, if put in office, could not appoint any one, 
and would have to appoint every one through me. I do not desire 
any such position, and doubt if it would result harmoniously. Again, 
all appointees would have to take the test oath, and I question 
whether many of the elected men can do this. I have been greatly 
embarrassed in the few appointments I have made to find men who 



on 

dZ 

eonld take this oath. "When the Constitution is sent to Congress, if 
they authorize the civil government going into oiBce in advance of 
the admission of the State and on the same terms as if the State had 
been admitted — that is, without requiring the test oath, 1 tiiink this 
would be well. I am not disposed to relieve Governor Ruger at 
present, as there are certain financial and other questions originating 
under him, which it is due to him, he should have time to adjust and 
settle. 

I perhaps ought to explain wluit I mean by want of harmony between 
the Governor elect and myself. Of course you will understand his 
appointments will be made on political and party grounds, and will 
be undoubtedly from his standpoint, on good and suflfieient reasons, 
but I have nothing, and wish to have nothing to do with these mat- 
ters, and if he makes appointments through me, the responsibility of 
concurrence, if nothing more, must rest on me. 

(Signed) GEORGE G. MEADE, 

Major General. 
A true copy : 

E. C. DRUM, Assistant Adjutant General. 



Washington, D. C, June 1, 1868. 
Major General George 0. Meade, Commandlnri Third Miliiary District : 

I would suggest that the militai'}^ interfere no obstacle to the meet- 
ing of the legislature of Florida. Leave Congress to reject or affirm 
their acts. 

I do not suggest ordering the legislature to meet, but mere in- 
structions to the commander of the State that he do not interfere in 
the matter. 

(Signed) U. S. GRANT, 

Cjeneral. 
A true copy: 

R. C. DRUM, Assistajii Adjidajii General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, Geokgia, June 1, 1868. 
General U. S. Grant, Washington, D. C: 

It will not be practicable to adopt your suggestion in regard to the 
Florida Legislature without some action on my part. When the 
election of State and County officers were ordered, 1 directed the re- 
turns to be sent to the Superintendent of Registration, instead of the 
Board of Canvassers, as provided in the ordinance of the Convention. 
The members of the Legislature cannot get their certificates of elec- 
tion, without ray directing the returns to be turned ov-er. M}^ object 
was and is to retain control of the whole subject, because if the Legis- 
lature is permitted to convene without orders from me, and without 
regard to the paramount authority which the Reconstruction laws vest 
in me, interminable confusion and conflict of authority will be sure to 
result. So long as the Reconstruction laws are in force, I should be 
opposed to the convening of the Legislature, except by my order, and 
under my authority. If these Legislatures would confine themselves 
to simply acting on the Fourteenth Article, and then adjourning to 
await Congressional action, I would not ohject so much, but once 
assembled they will do as they please, pass laws inconsistent with my 
powers and orders, tax ad libitum the State Treasuries, without any 



Q9 
OO 

control and without any means of enforcing their acts except through 
me ; whereas, if Congress will only act on the Constitution, and au- 
thorize District C'^mmander to instal the elected governments, on 
some terms as if State was admitted, there would he no ditFicult}^ in 
the Governrr-elect calling together the Legislature, and controlling 
their actions through the veto. Unless, therefore, you send positive 
orders, I shall require the Legislatures of Georgia and Florida, to 
await action of Congress on the presented Constitutions of those 
States. 

(Signed) GEOKGE G. MEADE, 

Major General, 
A true copy : 

E.. C. DRUM, Assistant Adjatani General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, Georgia, June 2, 1808. 
General U. S. Grant^ Washington, D. C. : 

Official returns of the Florida election this day received, show for 
the Constitution, fourteen thousand five hundred and sixty-one 
(14,561) votes; against the Constitution, nine thousand five hundred 
and eleven (9,511) votes ; majority for the Constitution, five thousand 
and fifty (5,050) votes. For the office of Governor, — Harrison R(;ed 
received fourteen thousand four hundred and twenty-one (14,421) 
votes ; George W. Scott received seven thousand seven hundred and 
thirty-one (7,731) votes, and Samuel Walker received two thousand 
two hundred and fiftj'-seven (2,257) votes. 

(Signed) GEORGE G. MEADE, 

Major General. 
A true copy : 

R. C. DRUM, Assistant Adjutant Genei^al. 



Atlanta, Georgia, June 22, 1868. 
To Major General George G. Meade, (Care Adjt. General U. S. Army): 
General Dunn requests me to say that the trial of Columbus pris- 
oners has not yet commenced, nor can it probably before the last of 
this week. There is no prospect that the trial can be completed be- 
fore the State is admitted. Can a trial by Military Commission be 
continued after admission of State? He desires you to see if Congress 
will not pass an Act for the disposition of all trials that may be pend- 
ing on admission of a State. 

R. C. DRUM, 

Assistant Adjutant General. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



Washington, D. C, June, 26, 1868. 
Major General George G, Meade, Commanding T hird Military District: 
The act to admit the States of North Carolina, South Carolina, 
Louisiana, Georgia, Alabama and Florida to representation in Con- 
gress, became a law June 25, 1868. 

Please notify the Governors elect of the States in your district, for 
under the act, the Governor elect may, if he deems it necessary, con- 
5 



34 

vene the Legislature thereof at an earlier date than that fixed hy law. 

U. S. GRANT, 

General. 
A true copy : 

R. C. DRUM, Assistant Adjutant General, 



WAR DEPARTMENT, 
Washington, D. C, June 27, 1868. 
Major General George G. Meade, Commanding Third Military Dis- 
trict: 

Your proposition relative to employment of Counsel in the mur- 
der case, is approved. 

(Signed) J. M. SCHOEIELD, 

Secretary of War. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



WAR DEPARTMENT, 

Washington, D. C, June 29, 1868. 
Major General George G. Meade, Commanding Third Military District : 

To avoid any questions as to who shall exercise the offices of Gov- 
ernor and Lieutenant Governor, in the State of Georgia and Ala- 
bama, notice convening of the Legislatures of said States, under the 
Act of Congress passed June 25, 1868. You will appoint the Gover- 
nor and Lieutenant Governor elect, of Georgia, Governor and Lieu- 
tenant Governor of said State, vice present incumbents removed ; and 
the Governor and Lieutenant Governor elect, of Alabama, Governor 
and Lieutenant Governor of said State, vice present incumbents re- 
moved. These appointments and removals to take effect at the date 
of the convening of said Legislatures, respectivelv. 

(Signed) tf. S. GRANT, 

Genei^al. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, Georgia, June, 30, 1868. 
Hon. Secretary of War and General U. S. Grant., Washington^ D. C. : 
When I left Washington, I was of the opinion that the trial of all 
civil prisoners might be, and should be left to the civil authorities on 
the admission of the State. Since my arrival, owing to the develop- 
ments in the Ashburn murder case, the intense excitement produced 
by the same, and the false and malicious statements made for political 
purposes, I deem it most urgent that the trial should be carried on to 
the end by the military authorities. Colonel Schofield will apprise 
you of the character of the evidence, but every conceivable obstacle is 
being resorted to to produce delay, with the intention of taking the 
prisoners out of my hands by writ of habeas corpus so soon as the 
State is supposed to be admitted. I think, therefore, for the purposes 
of justice, some action should be had in Congress continuing the trial 



35 

uf all cases by Military Coiiimission pending at the time the State is 
admitted. Cannot this be done ? 

(Signed) GEOKGE G. MEADE, 

Major General, 
A true copy : 

K. C. DRUM Assistant Adjutant General. 



WAE DEPARTMENT, 

Washington, D. C, July 1, 1868. 
Major General George G. Meade, Gommanding Third Military Dis- 
trict : 

In the absence of General Grant, your dispatch of yesterday was 
to-day submitted to the Secretary of "War, and it is his opinion that 
the suggested Congressional action cannot be had. 

(Signed) JOHN A. RAWLINS, 

Chief of Staff. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 

HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, Georgia, July 6, 1868. 
General U. S. Grants Washington^ D. C. : 

Both Houses of the Legislature of this Stjite organized on the 4th 
instant, by electing a President of the Senate and Speaker of the 
the House. Indications would seem to point to a Democratic majori- 
ty in the lower House, and probable rejection of the Fourteenth Arti- 
cle. When the Houses were organized, all members who had received 
the largest number of votes were allowed to qualify by taking the 
oath prescribed by the Constitution of the State, and no reference was 
made to the eligibility of members under the Fourteenth Article. It 
is believed there are several in both Houses who are disqualified, but, 
of course, it is not to be expected that a Democratic msijority will 
make any haste to unseat such. The question is, have I any authori- 
ty in the premises ? A legislative body is undoubtedl}' the judge of 
the qualifications of its own members ; but has a Legislature convened 
under the Reconstruction Acts, and, therefore, provisional, under 
these Acts and the Act of June 25, until it has passed the Fourteenth 
Article, the right to pass the Fourteenth Article, or do any act be- 
yond mere organization until it has purged itself of disqualified mem- 
bers, and can I, in view of the powers conferred by the Reconstruc- 
tion acts, exercise any control over them in case of their failure so to 
do ? An early reply to this telegram is requested. 

(Signed) GEORGE G. MEADE, 

Major General. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



WAR DEPARTMENT, 

Washington, D. C, July 7, 1868. 
Major General George G. Meade, Commanding Third Miliiary District : 

Your dispatch relative to the eligibility of members of the Georgia 
Legislature, and your authority touching the same, has been received 
and forwarded to General Grant for instructions. 

It is clear to my mind, that under the Reconstruction Acts, includ- 



36 

in2j the one passed June 25, 1868, that no person prohibited from hold- 
iuii; office under the United States, or under any State, by section 
three (3) of the proposed Amendment to the Constitution of the 
United States, known as Article 14, unless relieved from such disa- 
bility, is elii^ible to a seat in the Legislature, and is, therefore, not 
com}ietent to take part in its deliberations, or to pass upon the ratifi- 
cation of said Amendment. Under ordinary circumstances, the Leg- 
islature itself would be the proper judge of the qualifications of its 
members, and bearing upon this latter point, I send you herewith 
copy of dispatch of Hon J. F. Wilson, George S. Bout well and 
others, to Governor Warmouth, of Louisiana, 1 also send one from 
General Grant to me, for General Buchanan, which most unmistake- 
ably defin(!S his views of the character of these Governments, and 
authority of the District Commanders. The Reconstruction Acts are 
required to be construed liberally, to the end that all the intents 
thereof, viz : the re-establishment of Civil Governments in the States 
lately in rebellion may be; fully and perfectly carried out ; and it would 
seem that persons ineligible to hold office under their provisions should 
not be permitted to defeat them. 

(Signed) JOHN A. RAWLINS, 

Chief of Staff. 
June 30, 1868. 
To Governor Warmouth, 'New Orleans : 

We think that persons disqualified by the 14th Article of the 
amendment to the Constitution of the United States, are not eligible 
to your Legislature. This is to be determined by the respective 
Houses ; but no oath can be imposed except the oath presented by the 
State Constitution. 

(Signed) JOSEPH S.WILSON, Chairman Judiciary Committee. 
GEO. S. BOUTWELL, ) 

J. F. FARNSWORTH \ Reconstruction Commitiee. 
H. E, PAINE. j 

Relay House, Maryland, June 30, 1868. 
To General John A. Rawlins : 

Instruct General Buchanan that the Government of Louisiana is 
provisional, and the Lieutenant Governor is bound by the decision of 
the District Commander, right or wrong, whilst it remains so. 

(Signed) U. S. GRANT, 

(Signed) JOHN A. RAWLINS, 

ChieJ of Staff. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



Washington, D. C, July 9, 1868. 
Major General George G. Meade, Commanding Third Military District: 
In answer to dispatch of the 6th instant, the following has been re- 
ceived from General Grant : 

St. Louis, Mo., July 8, 1868. 
To John A, Rawlins, Chief of Staff: 

No person unable to hold office under the 14th Article of the Con- 
stitutional Amendment, should be allowed to qualify. District Com- 
manders are the Judges of the qualifications of civil officers, until all 



37 

the requirements of the different Acts of Congress to complete Recon- 
struction of the seceded States, are fully complied with. 

(Signed) U. S. GRANT, 

Gmerai. 
(Signed) JOHN A. RAWLINS, 

Chief of Staff, 
A true copy: 

R. C. DRUM, Assistant Adjutant GenerdL 



Washington, D. C, July 11, 1868. 
Mijor Oeneral George G. Meade, Commanding Third Military District : 

The Secretary of War desires to know whether you can spare a 
Regiment of Infantry from vour command. 

(Signed) EDMUND SCHRIVER, 

Inspector General. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT. 

Atlanta, Gkohgia, July 11, 1868. 
Edmund Schriver, Inspector General, War Department : 

I would not recommend any reduction of the force in this District 
at the present moment. When Alabama and Georgia are admitted, 
and their civil governments peacefully inaugurated, there will be no 
objection to the withdrawal of a regiment of Infantry. 

(Signed) GEORGE G. MEADE, 

Major Oeneral. 
A true copy: 

R. C. DRUM, Assistant Adjutant General. 

HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, Georoia, July 16, 1868. 
General Rawlins, Chief of Sta^: ^ 

I am officially advised by the Commanding Officer, Sub-District of 
Alabama, that the Legislature which convened on the 13th instant, 
adopted on that day the Fourteenth Article Constitutional Amend- 
ment, and otherwise complied with the requisitions of the Act of 
June 25, 1868 ; and that on the 14th, the Governor elect was duly in- 
augurated and installed in office. 

(Signed) GEORGE G. MEADE, 

Major General. 
A true copy : 

R. C. DRUM, Assistajit Adjutant Getieral. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, Geobgia, July 18, 18G8. 
General U. S. Grant, Washington, D. C: 

On the 8th instant, having been officially notified by the Provisional 
Governor of Georgia that both Houses of the Legislature had reported 
to him they were organized, and ready for any communication from 
him. I instructed the Governor to communicate to both Houses that 
until compliance was had with the laws of Congress, I considered 
them as provisional, and subject to my control, and that I could not 
consider either House legally organized until it had examined into and 



38 

decided on the eligibility of its members under the Fourteenth Article. 
On receipt of this communication, each House appointed a committee 
to investigate and report. In the Senate, a majority of the committee 
reported all eligible. One member of the minority reported two ineli- 
gible. Another member of the minority reported nine ineligible. 
The Senate, after hearing the report of the committee, and excluding 
the Senators reported against from voting, endorsed and adopted the 
report of the majority, declaring none ineligible. This action is to- 
daj'^ transmitted to me by the Provisional Governor, who adopts the 
extreme report of the minority, gives his judgment that the action of 
the majority of the committee and of the Senate is illegal, and that 
the nine members are ineligible ; states, however, that he has official 
information that certain of these members have had their disability 
removed by Congress, and calls on me to overrule the decision of the 
Senate, and declare vacant the seats of those members reported against 
by one member of the minority, whose disabilities have not been re- 
moved. 1 am not disposed to alter the position I have assumed, that 
it is the prerogative of each House to judge of the facts and the law in 
the cases of members of their Houses. I consider I have performed 
my dut}'- when I called their attention to the law, and required action 
to be taken under it. I do not feel myself competent to overrule the 
deliberate action of a legislative body, who report they have conformed 
to the rule I laid down for their guidance. If I was the sole and ex- 
clusive judge of the qualifications of members, I should have exercised 
my prerogative before allowing the Houses to organize. I construed 
the dispatch of Mr. Wilson to Governor Warmouth, prohibiting any 
oath but such as the Constitution prescribed, as prohibiting any test 
in advance of the House having control, and as leaving to each House 
the right to decide. My judgment, therefore, is to acquiesce in the 
decision of the Senate, and leave to Congress such action as may here- 
after be deemed proper in case the Senate has failed to comply with 
the law. To adopt the course proposed by the Provisional Governor, 
and overrule the action of the Senate, will bring me in immediate con- 
flict with the Legislature, and produce results which, in my judgment, 
will be worse than allowing a few doubtful members to retain seats 
under the vote of their own body. It is proper I should add, that 
there appears at present no doubt but that the Congressional acts will 
be coniplied with, even if members whose seats are questioned are left 
undisturbed. So far as I can ascertain, the trouble is a personal one, 
arising out of the contest for United States Senatorship. I should also 
add that the Senate, whose action is reported, has a decided Republi- 
., can majority, and could have purged itself of such members as are 
^clearly ineligible. What I desire to know is whether, in your judg- 
ment, my duty requires me to overrule the deliberate act of the Se- 
nate, and judge for myself on the qualifications of members. I have 
no doubt of my power in the premises, but do not feel that I am 
called on to do more than I have done. 

(Signed) GEORGE G. MEADE, 

Major General. 

A true copy : 

R. C. DRUM, Assistant Adjutant General. 



39 

Washington, D. C, July 20, 1868. 
Majo^' General George G. Meade: 

Your dispatch has been received, and forwarded to General Grant 
for instructions. 

(Signed) JOHN A. EAWLINS, 

Chief of Staf. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



Washington, D. C, July 20, 1868. 
Major General George G. Meade, Commanding Third M'lliiary District : 

General Grant is now at Denver. Answer will probably reach you 
day after to-morrow. I have no doubt he will agree with you. 

(Signed) JOHN A. RAWLINS, 

Chief of Staf. 
A true copy : 

R. C, DRUM, Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, Geoegia, July 21, 1868. 
Brevet Major General Schriver, War Department, Washington, D. C. : 

Civil Government being established in Florida and Alabama, and 
the Georgia Legislature having to-day passed the Fourteenth Article 



t 



Washington, D. C, July 23, 1868. 
Major General George G. Meade, Commanding Third Military District : 
The following dispatch just received : 

Denyer, Colorado, July 21, 1868. 
To John A. Rawlins : v / 

Major General Meade's dispatch just received. His conclusions are 
approved. 

(Signed) U. S. GRANT, 

General. 
(Signed) JOHN A. RAWLINS, 

Chief of Staff. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 

HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, Georgia, July 21, 18l)8. 
General U. S. Grayit^ Washington, D. C: 

Both Houses of the Legislature of Georgia having examined into 
and decided upon the qualiiications of their respective members under 
the 14th Article Constitutional Amendment, I yesterday instructed 
the Provisional Governor to communicate to each House that I con- 
sidered their organization legal and withdrew any opposition to their 
proceeding to the business which called them together. To-day both 
Houses, by decided majorities, have passed the Constitutional Amend- 
ment known as Article 14, and will, without doubt, at once other- 
wise comply with the requisition of the act of June 25, 1868. 

(Signed) GEORGE G. MEADE, 

Major General. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



40 

Constitutional Amendments, indicating: that in a few days this State 
will have Civil Government re-established, I am prepared to dispense 
with one of the regiments of Infantry in this District, and would 
recommend the withdrawal of the 15th Regiment now in Alabama, 
Please notify me at the earliest moment that I may make the proper 
arrangements for relieving it. 

(Signed) GEORGE G. MEADE, 

Major General U. S. A. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 

Washington, D. C, July 22, 1868. 
Major General George G. Meade, Commanding Third Military District : 

The Secretary approves the recommendation in your telegram of 
yesterday. The Adjutant General will send instructions bv mail. 

(Signed) EDMUND SCHRIVER, 

Inspector General. 
A true copy : 

R. C. DRUM, Assistant Adjuiarrt General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, Georgia, July 22, 1868. 
General U. S. Grant, Washington, D. C: 

Yesterday, the Governor elect of Georgia notified me oflScially that 
both Houses of the General Assembly of Georgia, had by solemn act 
complied with the requisitions of the Act of Congress, which became 
a law June 25, 1868; and to-day, I have witnessed the inauguration 
of the Governor elect. The State of Georgia is therefore under the 
Acts of Congress, entitled to representation. The official documents 
will be carried to-day by Brevet Brigadier General R. C. Drum, sent 
to Washington for this purpose. 

(Signed) GEORGE G. MEADE, 

Major General U. S. A. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 

HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, Gkorgia, July 30, 1868. 
General U. S. Grant, Washington, D. C. : 

The Governor of Georgia advises me there is reason to believe the 
municipal authorities of Augusta are about being resisted by a combi- 
nation made for that purpose. These authorities were the appointees 
of my predecessor, and it is probable the resistance anticipated is on 
the ground that military authority having ceased, all agents deriving 
their power from the military are functus officio. The Governor calls 
on me to sustain the civil authorities if necessary. Instructions and 
advice is requested on the position the military power now occupies. 
In my judgment, I have no right to interfere or use the military 
forces under my command except where so instructed to do from supe- 
rior authority, and that the Governor should report to Washington 
his inability to preserve order and enforce the law, before any orders 
are sent to me. If I am to preserve order in these States and do the 
police duty of municipalities whenever the civil authorities choose 
to call on me, I shall have my hands full, as the facility of having 



41 

order preserved through the Unitod States forces will act to deter 
proper etlorts on the |)nrt of the civil power. Besides, my force will 
be inadequate to do this duty. Not ex]:ecting any ."-ucli duty, I con- 
sented to th(^ withdrawal of the loth regiment of Infantry. I am not 
disposed, and do not desire, to use my command on the judgment of 
others, or at their dictation. As the Keconstruction Laws and the 
powers given me under them no longer exist, 1 must ask explicit and 
distinct instructions as to my powers and their proper exercise. 

This dispatch can be shown the Secretary of War if General Grant 
is not at Headquarters. 

(Signed) GEOEGE G. MEADE, 

Major General 
A true copy : 

R. C DRUM, Assistant Adjutant General. 



WAR DEPARTMENT, 

Washington, D. C, July 31, 1868. 
Major Ocneral George G. ^Teade, Commanding 2hird Mililary District: 

Your telegram to th'j General Commanding, requesting instructions 
and advice on the position the military fiovver occupies in Georgia, 
has been submitted to the Secretxiry of War, and by him laid before 
the President and Cabinet. 

Your views as to when and how the military forces under your 
command may be used, were approved of, and I am instructed by the 
Secretary of War to say to you that he will prepare and send to you 
instructions for your guidance; also, that should any insurrection or 
riot break out before you receive them, to advise the Governor to 
telegraph to the President for the requested authority to use the 
troops in quelling the sam(i. 

By referring to General Grant's letter to you, dated June 27, 18G8, 
you will find his opinion upon the tenure of office of military- 
appointees, which is against their continuance, unless provided for by 
State authority. 

(Signed) JOHN A. RAWIJNS, 

Chief of Staff. 
A true copy : 

R. C. DRUM, Assistant Adjuta7it General. 



HEADQUARTERS DEPARTMENT OF THE SOUTH, 

Atlanta, Geokgia, August 17, 1868. 
General BaicUns, Chief of Staff, Washington. D. C. : 

When may I expect the instructions of the Secretary of War, re- 
ferred to by you in your telegram of the tliirty-first ultimo. I am 
awaiting them to instruct Commanders of Districts, and communicate 
with Governors of States. 

(Signed) GEORGE G. MEADE, 

Major General U. S. A. 
A true copy : 

R. C DRUM, Assistant Adjutant General. 



Dated Washington, D.C. August 20, 186J^. 
Received Atlanta, Gkorgia, August 20, 1868. 
To Major General George G. Meade. Commanding .• 
The subject matter of your dispatch is still under consideration. 



42 

The answer however will probably be similar to instructions sent 
General Buchanan. 

(Signed) JOHN A. EAWLINS, 

Chief of Staff, 
A true copy : 

R. C DRUM, Assistant Adjutant General. 



OFFICE UNITED STATES MILITARY TELEGRAPH. 

[Telegram received at Headquarters Second Military District.] 

Charleston, S. C. August 5, 1868. 
From Atlanta, Ga., August 5, 1808. 
To Major General Meade, Charleston, S. C. 

Washington, D. C, Augusts, 1868, 
The Secretary of War directs that you suspend concentration of 
troops under your late order, until he has time to communicate with 
you on the subject. 

(Signed) E. D. TOWNSEND, 

Assistant Adjutant General. 
(Signed) S. F. BARSTOW, 

Assistant Adjutant General. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



HEADQUARTERS SECOND MILITARY DISTRICT, 

Charleston, South Carolina, August 5, 1868. 
SecretOjrif of War, Washington, D. C: 

I have received a telegram from Adjutant General directing sus- 
pension of order concentrating troops, until you can communicate with 
me. xAs the suspension of this order will produce much confusion — 
indeed, is ahnost too late — and as it will dehiy the departure of the 
loth Rpgiment for Texas, which General Buchanan is urging to be 
sent to him, and as I feel confident you will be satisfied with my rea- 
sons, I shall delay suspension till a reply is received to this telegram. 

My reasons for concentrating the troops, and only occupying such 
positions as the public exigencies require, are as follows : First, econo- 
my ; Second, to increase the discipline and efficiency of the troops, 
which, from their being scattered and divided into small detachments 
has become lamentably low ; Third, to do away with the number of 
subordinate oflScers, in whose hands the relations between the militarj'- 
and civil authorities must be left, and who often produce difficulty by 
want of judgment, or hasty temper ; Fourth, to let the minor civil 
authorities and Bureau Agents know and realize that they are not 
to depend on the military to settle an}^ trifling difficulty that may 
occur ; Fifth, to have the troops in hand and ready, in case any emer- 
gency should occur requiring their em})loyment, that they could be 
sent in large force without having to collect thnn from a number of 
points. I am very well aware that this arrangement is distasteful to 
the people, who have been depending on the troops for the preserva- 
tion of order, and to others who wish the Government to scatter the 
troops, that money may be distributed. But as you have approved 
of my views of the relative position of the civil and military power, I 
trust you will approve of my programme for holding the troops in 
hand at railroad centers, where they can be promptly used in case of 
necessity. In other words, all the arguments are in favor of concen- 



43 

tration, and T know of none in favor of their being scattered, unless it 
is to gratify local influences. 

I occupy two points in Alabania — Mobile and Huntsville ; three in 
Georgia — Savannah, Atlanta, Dahlonega; six in Florida — Jackson- 
ville, St. Augustine, Tampa Bay, Key West, Tortugasand Pensacola. 
I should deeply regret my programme being overruled, as I acted on 
mature reflection, and to the best of my judgment. An early reply is 
requested. 

(Signed) GEORGE G. MEADE, 

Major General. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 

OFFICE UNITED STATES MILITARY TELEGRAPH. 

[Telegram received at Headquarters Second Military District.] 

Chaeleston, S. C, August 6, 1868. 
From Washington, August 6, 1868. 
To Major General George G. Meade, Commanding Dqyarlment of the South: 
Your cipher telegram of August 5, is received. The Secretar}'- of 
War will be back from short absence to-morrow. 

(Signed) E. D. TOWNSEND, 

Assistant Adjutant Gen&ral. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



HEADQUARTERS SECOND MILITARY DISTRICT, 

Chakleston, S. C, August 6, 1868. 
Brevet Major General Rawlins^ Washington, D. C. : 

Please get from Adjutant General and forward to General Grant, 
my telegram of yesterday to Secretary of War, giving reasons for 
concentration of troops. It was not with au}^ intention of not an- 
swering any proper calls made on me by the constituted civil author- 
ities — though I am of the ojtinion that said calls should be made 
through the authorities at Washington — on the contrary, my disposi- 
tion of troops was made with a view of promptly acting by masses, 
if action was required. I did not station any at Montgomery, because 
the place is unhealthy, and I thought it bettor to remove the troops 
from the centre of political agitation ; but I have four companies at 
Mobile and eight at Atlanta that can be sent to Montgomery in less 
than a day. It is now too late to change, without great confusion, 
existing orders, and I trust the General-in-Chief has Ihat confidence 
in my judgment, that when he is apprised of my reasons, and himself 
examines the disposition of the troops, that he will refrain from over- 
ruling me. If, however, he is still of the opinion that four compa- 
nies should be at Montgomer}^, they can be sent from the troops now 
in this command, the late Second District. I would state there never 
has been over three companies at Montgomery, and that I do not 
know of a single reason for troops being at Montgomery, than any 
other town in the State. 

(Signed) GEORGE G. MEADE, 

Major General. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



44 

OFFICE UNITED STATES MILITAIIY TELEGHAPH. 
[Cipher telegram received at Headquarters Second Military District.] 

Charleston, S. C , Auriust 6, 1868. 
[From War Department, AVashington, August 6, 1808.] 
To Major General George G. Aleade, Cuynviandlng Depariment of the 
South : 
The following dispatch is transmitted for your guidance : 

St. Louis, l\Io., August 5, 1863. 
To Major General John A. Raw Lin s. Chief of Staff': 

Direct Major Gcncal Meade to leave troops as now stationed in 
Alabama, if they have not been already concentrated. If they have 
been sent to Huntsville, direct that at least four Companies be sta- 
tioned at the State Cajiital of Alabama, and the rest held in reserve to 
answer calls, should they be made by the Governor of the State. 

'(Signed) U. S. GRANT, 

General. 
(Signed) JOHN A. EAWLINS, 

Chief of Staff, 
A true copy : 

E. C. DRUM, Assistant Adjutant General. 



HEADQUARTERS DEPARTMENT OF THE SOUTH, 

Atlanta, Georgia, August 8, 1868. 
Colonel Sprague Commanding District of Florida-, St. Augustine^ Fla. : 
Your course in receiving and confining criminals against the laws 
of the State of Florida, on th« urgent ap})lication of the Governor, is 
disapproved ; and you are hereby notilied that there is no authority 
vested in you, as District Commander, to grant or deny any applica- 
tion of the Governor ; but the same should l)e referred to these Head- 
quarters. You will require the Governor to call upon the Legisla- 
ture — whose duty it is to provide for the safe-keeping of criminals — 
to take the nocessar}'- steps to have this duty discharged ; and you will 
abstain from assuming any further responsibility in such matters, 
without specific instructions from these Headquarters. However la- 
mentable may be the state of affairs as reported, you have no power 
to remedy it. If the Governor is unable to enforce law and order in 
the State, he should so report to the President, when orders will be 
given for the military pow(U" to intervene. 

(Signed) GEORGE G. MEADE, 

Major General U. S. A., Commanding. 
A true copy : 

E. C. DRUM, Assistant Adjutani General. 



HEADQUARTERS DISTRICT OF FLORIDA, 

St. AuGusTiNi'., Fla., August 8, 1868. 
Major General George G. Meade, Com)nandl>ig Depaidment of the 
South : 

Your telegram of to-day is received, Jind will bo rigidly enforced, 
I have called upon Governor Reed to take charge of the prisoners at 
once. 

(Signed) JOHN T. SPRAGUE. 

Colonelj Commanding, 
A true cop5' : 

R. C. DRUM, Assista7ii Adjutant General 



45 

HEADQUARTEKS DEPAETMENT OF THE SOUTH, 

Atlanta, Georgia, Augvist 10, 18G8. 
Brevet Major General E. D. I'ownsend, War Department^ Washington: 

I propose to concentrate the troops in Nortli and S<-)Uth Carolina in 
tlie same manner as 1 have done in the States composing the hite 
Third Military District. In North Carolina, I pro])ose to concentrate 
the 40th Infantry at GoULsboro', the squadron of the 5th Cavalry at 
Rahngh, and to occufiy Forts Johnson and Macon each with a Com- 
pany of the 5th Ai-tillrry. In South Carolina, I design concentrating 
the 8th Infantry at Columbia, the six Companies of the 6th Infantry 
at Charleston, and to order the squadron of the 5th Cavalry now at 
Aiken, and the Light Battery now at Columbia, to this place, to form 
a reserve for the whole Depai'tment. The four Companies of the ]'2th 
Infantry I propose to send to Savannah, so that I can concentrate at 
this point the 33d Regiment of Inlantry. 

I desire these projwsed movements may be laid before the General- 
in-Chief and Secretary of War, and their approval or disapproval 
transmitted at the earliest moment. 

(Signed) GEORGE G. MEADE, 

Major General. 
A true copy : 

E. C. DEUM, Assistant Arljukmt General 



Washington, D. C, August 11, 1868. 
To Major Ge7ieral George G. Meade, U. S. A. : 

Your dispatch of the tenth received, and disposition of troops ap- 
pioved, with qualification in my dispatch to you, at Charleston, dated 
sixth instant, as follows: — Two (2) companies will answer at Mont- 
gomery, that being capitol of the State. In view of force you design 
for Atlanta, they can be taken from any point you deem best. 
By Command of Gkneeal Guant. 

(Signed) E. D. TOWNSEND, 

Assi^iant Adjutant General. 
A true copy : 

E. C. DEUM, Asslsiant Ailjuiani General. 



Washington, D. C, August 20, 1868. 
To Major General G. G. Mea:le, Commanding Department of the South: 

The following telegram, which has been received by the Secretary 
of War, is referred to you for such action as you may deem necessaj-y : 

Montgomery, Ala., August 20, 1868. 
Honorable J. M. Schojield, Seoretary of War : 

It is understo(jd that a Company of the 3od United States Infantry 
is at Selma under marching orders. I hope the Company will be per- 
mitted to remain there for the present. 1 think their presence there 
indispensable to the preservation of peace. 

WILLIAM H. SMIlH, 

Governor of Alabama. 
By order of the Secretarv of War : 

^Signed) J. C. KELTON, 

Assistant Adjutant General. 
A true copy : 

E. C. DRUM, Assistant Adjutant eneral. 



46 

Atlanta, G-eorgia, August 20, 18G8, 
Adjutant General^ Washington^ D. C. : 

Dispatch in reference to troops at Selma, Alabama, received. Has 
been leforred to Brevet Brigadier General Eager, Commanding in 
that State, and as soon as his report is received, the Department will 
be notified of action, if any is taken. 

(Signed) GEORGE G. MEADE, 
A true copy : Major Geneiml. 

R. C. DRUM, Ansistant Adjutant General. 



Atlanta, Georgia, August 20, 1868 
Brevet Brigadier General Ruger, Huntsville, Alabama : 

Governor of Alabama telegraphs Secretary of War, that the pres- 
ence of a company of troops at Selma, is indispensable to the preser- 
vation of the peace. Please communicate with the Governor and 
ascertain the ground on which such opinion is predicated? whether 
general, and as applies to all towns in Alabama, where there is a large 
proportion of nei^roes, or whether there are any lucal causes, render- 
ing it likely that such contingencies, as justify the intervention of 
United States troops, will immediately occur. Communicate with 
commanding officer at Selma, for report on condition of affairs. In 
other words report in full, to enable me to decide whether any modi- 
fication of existing orders, based on principles communicated to you, 
is required at Selma. Also report why this company is so long in 
obeving the order of concentration, issued several weeks since. 

(Signed) GEORGE G. MEADE, 

Major G-eneral. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



Huntsville, Ala., August 21, 18G8. 
To Major General George G. Meade, ConDnanding Department of the 

South : 

Telegram of 20th received to-day. The following received from 
Governor Smith in repl}'' to mine : 

" Application as to Company at Selma is based on application of 
good citizens of that City. They fear disturbance if the Company is 
removed, and think its mere presence will secure tranquility." 

This apidication is in reference to that Company only, and for the 
reason here given. Company from Selma will be here to-day. Will 
send full report by mail. No emergency at Selma, I think. 

(Signed; THOMAS H RUGER, 
GoL 33d Infantry, Bvt. Brig. General, Commanding Bistrici of Alabama. 
A true copy : 

R. C. DRUM, Assistant Adjutant General 



HEADQUARTERS DEPARTxMENT OF THE SOUTH, 

Atlanta, Georgia, August 21, 1868. 
Brevet Major General Rawlins, Washington, D. C : 

Can you send me by telegraph, an official copy of instructions to 
General Buchanan ? 

(Signed) GEORGE G. MEADE, 
A true copy : Major General. 

R. C. DRUM, Assistant Adjutant General. 



47 

WAR DEPAIITMENT, 

Washington, D. (\, August 22, 1868. 
Major General George G. Meade, Comynanding Department of the South, 
Atlanta, Geo7'gia. 
The following instructions were sent to General Buchanan : 

HEADQUARTERS OF THE AKMY, 
Adjutant General's Office, 
Washington, D. C, August 10, 1868. 
Brevet Major Ge^ieral Robert C. Buchanan, U. S. Army, Conimanding 

Department of Louisiana, New Orleans, Lonisiajia. 

General: The following instructions from the Secretary of War are 
furnished for your government, to the end that the recessary a";d may 
be rendered by the United States as promptly as possible in any case 
of insurrection or domestic violence in the States embraced in' your 
Military'- Department. You will keep yourself informed of the con- 
dition of aflairs in said States, and communicate promptly by tele- 
graph to the War Department, through the Headquarters of the Ar- 
my, any facts which may make it the duty of the President, under 
the Constitution and laws, to employ the military force of the Uni- 
ted States. 

You will also maintain such disposition of the troops under your 
command, that they may be ready to act without delay upon receipt 
of the President's orders. Stationing them at, or from time to time 
moving them to points, where you may have reason to apprehend a 
necessit}' for their use. 

The following extracts from the Constitution and Laws of the Uni- 
ted States, indicate the condition under whieli the military forces of 
the United States may be lawfully empkn-ed to suppress insurrection 
against the Government of any State : — 

Article 4t, Section ^, of the Constitution — "The United States shall 
guarantee to every State in this Union a Republican form of Govern- 
ment, and shall protect each of them against invasion, and on appli- 
cation of the Legislature or of the Executive, when the Legislature 
cannot be convened, against domestic violence." 

Act of Congress, approved February 28, 1795, Section * * * * 

"And in case of an insurrection in any State agaiust the govern- 
ment thereof, it shall be lawful for the President of the United States 
on application of the Legislature of such State or of the Executive, 
when the Legislature cannot be convened, to call forth such a num- 
ber of the militia of any other State or States, as may be applied for, 
as he may judge sufficient to suppress such insurrection. And 
Section three (3) provided always and be it further enacted, that 
whenever it may be necessary, in the judgment of the President to 
use the military force hereby directed to be called forth, the Presi- 
dent shall forthwith by proclamation command such insurgents to 
disperse and retire peaceably to their respective abodes within a limi- 
ted time." 

Act of Congress approved March 3, 1807: Be it enacted, &c., 
that in all cases of insurrection or obstruction to the laws, either of 
the United States or of any individual State or Territory, where it is 
lawful for the President of the United States to c'ill forth the Mili- 
tia for the purpose of suppressing such insurrection, or of causing the 
laws to be duly executed, it shall be lawful for him to employ for the 
same purposes such part of the land or naval forces of the United 



48 

States as shall be jucl2;ed necessar}^, having first observed all the pre- 
requisites of the law in that respect. 

By command of (tknrral U. S. Grant : 

(Signed) E. D. TOWNSEND, 

Assistant Adjutant General. 
(Signed) JOHN A. RAWLINS, 

CIdeJ of Staff, 
A true copy : 

R. C. DliUM, Assistant Adjutant General. 



BoRDENTOwN, N. J., September 14, 18G8. 
General R. C. Drum, Atla.nin,, Georgia: 

Advise Governor of North Carolina that I shall not change the 
disposition of troops for the purposes indicated in his telegram. If 
any actual resistance to law, which he cannot suppress, occurs, I will 
promptly send the troops, but until overt acts occur, I shall keep 
them ready for emergencies in any part of the State. Tlie civil au- 
thorities must attempt, at least^ to preserve the peace. Send copy of 
telegram to General Miles. 

(Signed) GEORGE G. MEADE, 

Major General, 
A true copy; 

R. C. DRUM, Assistant Adjutant General. 



Atlanta, Gkorgta, September 22, 1868. 
To Major General George G. Meade, U. S. A . . 

Reports relative to difficulty at Camilla, Georgia, are so exaggera- 
ted that it is difficult to get at the truth. General Sibhn' promises to 
send me report of investigation as soon as received. All accounts 
agree tliat it was commenced by white men. Will I continue to send 
papers to you. 

(Signed) R. C. DRUM, 

Assistant Adjutant General. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



Atlanta, Gkorgta, September 22, 1868. 
To Major General Georrje G. Meade, U. ^. A. : 

lieutenant O. H. Howard, Agent Freedmen's Bureau, has just re- 
ported, und(;r date of Septembc" twentieth, giving full account of the 
affair at Camilhi, Georgia. He states that unless vigorous measures 
are instituted and troops stationed there for protection of all parties, 
there will be much bloodshed. He says he cannot restrain the people. 
(Signed) R. C. DRUM, 

Assistant Adjutant General, 
A true copy : 

R. C. DRUM, Assistant Adjutant General, 

Philadelphia, September 22, 1868. 
General R. C. T>rum : 

My knowledge of Lieutenant Howard does not induce much im- 
portance to his report, and I am not aware of any authority he has to- 
restrain any one, he being, as I understand, an agent of the Freed- 
man's Bureau. I am not disposed to send troops until there is satis- 



49 

factory evidence of the inability of the civil authorities to suppress 
any disorder, and until the proper call is made by the Governor of 
the State. Captain Mills is an officer in whose judgment I should 
phtce great reliance. He should be instructed to inquire into the con- 
duct and capacity of th(> civil authorities, and to report whether they 
have done their duty ; keep me advised promptly by telegraph, and 
direct General Sibley to havp troops ready to send, in case 1 should 
deem it proper to send them. A telegram will reach me at the War 
Department to-morrow. 

(Signed) GEORGE G. MEADE, 

Major G*nercU. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



Philadelahia, September 22, 1868. 
General R. C. Drum., Atlanta, Georgia: 

Send an officer to inquire into and report all the facts connected 
with the riot said, in this morning's telegram, to have occurred yes- 
terday at Camilla, in Southwest Georgia, unless you have already re- 
liable information on the subject. Reply to-day to this place; to- 
morrow to Washington. 

(Signed) GEORGE G. MEADE, 

Major General. 
A true copy : 

R. C. DRUM, As.^istant Adjntaiit General. 



Atlanta, Georgia, September 23, 1868. 
Major General George G. Meade, (care of War Department): 

Your two telegrams reached me last night. Your wish relative to 
detail of Captain Mills, had been anticipated, as my telegram of yes- 
terday will have informed you. Both Houses of the State Legislature 
have passed resolutions that the presence of troops is not necessary, 
and that the civil authorities are competent to take care of matters. 
General Sibley has been instructed as you direct. 

(Signed) R. C. DRUM, 

Assistant Adjutant General. 
A true copy: 

R. C. DRUM, Assistant Adjutant General. 



Washington, D. C, September 23, 1868. 
General Drum, Atlanta, Georgia : 

Call by telegraph on commanders of Districts to submit a project 
for the distribution of their commands, within the limits of their Dis- 
tricts for the purpose of preserving order during the approaching 
Presidential election, and the political campaign preceding the same. 
The posts should not be less than a company, and so distributed as to 
enable detachments to be made to places in the vicinity, if necessary. 
The troops to be prepared to go into camp, if quarters cannot be tem- 
porarily hired. The movement in reerard to supplies and quarters, to 
be considered as that of a moveable column — the troops being held 
ready at any moment to move from point to point as may be nec- 
essary. 

5 



50 

L(>t this call be answored in writinsc, and direct District comman- 
ders to confer with Governors of States 

(Signed) GEORGE G. MEADE, 

Major General U. S. A, 
A true copy : 

R. C. DRUM, Assistant Adjxt'ant General. 

Atlanta, Georgia, Sept. 30, 1868. 
Honorable Secretary of War, Washuigfo7i, D. C: 

Morning's telegrams announce you are to give to-day, to the Ala- 
bama delegation, a letter of instructions addressed to me. If this is 
so — and I shall be glad to hear it is — 1 beg you will send me a copy 
by telegraph, as it will aid me in the order I am preparing, distribut- 
ing the troops. Every thing is quiet in the Department, the Camilla 
atfair having only resulted in a little political riot. I am awaiting the 
report of investigating oflScer to transmit the same. 

(Signed) GEORGE G. MEADE, 

Major General. 
A true copy : 

R. C. DRUM, Assis'ant Adjutant General. 

War Department, September 30, 1868. 
[Received at Atlanta, Georgia, September 30, 1868 ] 
To Major General George G. Meade, Commanding Department of the 
South : 

The instructions sent you to-day, consist of a reference of the Ala- 
bama memorial to you, for your action, under the instructions here- 
tofore given ; and with the Presidents wish that you exercise within 
the limits of lawful authority, full discretion and [)reserve the peace. 

(Signed) J. M. SCHOFIELD, 

Secretary of War. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



Columbia, S. C, October 3, 1868. 
Received at Atlanta, Georgia, October 3, 1868. 
Major General George G. Meade, (bmma7idi7ig : 

Since writing affairs are greatly aggravated. Several wanton mur- 
ders have been committed. A Slate Senator, on his way home, was 
met by a mob at Chester last night, who threatened his life if he at- 
tempted to proceed, and he was compelled to return. Armed men 
patrol the roads. The civil authorities are powerless to enforce the 
laws. Instructions to General Romford are necessary for the main- 
tenance of the supremacv of the State government. 

(Signed) R. K. SCOTT, 

Govemoi'. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



Atlanta, Geobgia, October 3, 1868. 
R. K. Scott, Governor, Columbia, South Carolina: 

Colonel Bomford under date of September 15, was furnished with 
the instructions received by me from the War Department. I have 
no authority to employ the troops except under the conditions speci- 



51 

tied in the letter from the War Department, dated August 25, a copy 
of which will be sent by mail, and whicli you can see by asking Colo- 
nel Bomfoid, as it was sent to him on the 15th instant. I shall in a 
few days issue an order distributing, till after the election, the troops 
under Colonel Bomford's command — but they will not be able to act, 
except under the prescribed conditions given and when duly culled on 
in the mode indicated in the instructions. 

(Signed) GEORGE G. MEADE, 

Major General. 
A true copy : 

K. C. DRUM, Assistant Adjutant General. 



Atlanta, Gkorgia, October 6, 1868. 
General Grant, Washington, B. C: 

I forward an outline of an order to be at once issued, on which I 
desire the comments of yourself, Secretary of AVar and the President. 
I am of opinion the moral effect of tbis order, and the distribution of 
troops will tend greatly to allay existing excitements, and to remove 
some existing delusions. In connection with this measure, it would 
have a very beneficial eifect, if a movement could be made — say of 
one or two companies to each of the following places : — Raleigh, Co- 
lumbia, Atlanta and Montgomery, to act as reserves until after the 
election. The mere arrival and passage tbrough the country will 
have a great effect, as indicating the determination of the authorities 
at Washington to sustain me. 

(Signed) GEORGE G. MEADE, 

Major General. 



The following is an extract of the order referred to : 

HEADQUARTERS, DEPARTMENT OF THE SOUTH, 
Atlanta Georgia, October 8, 1868. 

OENERAIi OKDEES ] 

y (Extract.) 

No. 27. J 

WhereaSf by an act of Congress of the United States, approved 
March 2d, 1865, it is made the duty of the military authority to pre- 
serve the peace at the polls at any election that may be held in any of 
the States ; and Whe7'eas, this duty has become the more imperative, 
from the existing political excitement in the public mind, from the 
recent organization of civil government, and from the fact that Con- 
gress has by statute prohibited the organization of military forces in 
the several States of this Department, it is therefore ordered, 
* * * * 

VIII. District commanders will instruct post commanders in their 
duties, and the relative position of the civil and military powers. 
They will furnish them with copies of the circulars from these Head- 
quarters, of August 25, and October 1st ult., (the latter of which was 
forwarded September 15, to District Commanders,) in which the in- 
structions of the War Department are set forth in full. They will 
impress on post commanders that they are to act in aid and co-opera- 
tion, and in subordination to the civil authorities ; that they are to 
exercise discretion and judgment, unbiased by political or other pre- 
judices; that their object should be exclusively to preserve the peace 



52 

and uphold law and order, and they must be satisfied such is the ob- 
ject of the civil officer calling on them for aid, that they must in all 
cases where time will permit, apply for instruction to superior author- 
ity, but they must at all hazards pres(!rve the peace, and not be re- 
strained by technical points, when, in their conscientious judgment 
under the rules above set forth, it is their duty to act. Post Com- 
manders on being notified of the proposed holding of [)olitical meet- 
ings, may send an officer, and if necessary a detachment, to watch the 
proceedings and see that the peace is preserved. 

IX. To the people of the several States composing the Department, 
the Major General commanding appeals that they will co-operate with 
him and the civil authorities in sustaining law and order, in preser- 
ving the peace and in avoiding those scenes of riot and bloodshed, 
and the wanton destruction of property and life, which has already, 
in some instances, been enacted in the Department. He urges absti- 
nence from all inflammatory and incendiarj^ appeals to the passions; 
discountenancing the keeping open of liquor shops on days of political 
meetings and of election ; the abstaining from carrying arms, and as- 
serting the individual right of construing laws by force of arms. No 
just cause is ever advanced by resort to violence. Let there be chari- 
ty and forbearance among political opponents, whatever may be the 
result; let each good citizen determine, that all who, under the law, 
have the right to the ballot, shall exercise it undisturbed. If there are 
disputed points of law, let them be referred to the courts, and let not 
mobs or political clubs, or other irresponsible bodies, construe and 
undertake to execute the law. This appeal is made in the earnest 
hope that the Major General Commanding can rely on the good sense 
and correct judgment of the mass of the people, and that he will not 
be compelled to resort to the exercise of the power with which he is 
intrusted, and which he will most reluctantly employ. Bat he thinks 
it his duty to make known, that so far as the power under his com- 
mand will admit, he will not permit the peace to be broken, and that 
he will not be restrained in the conscientious discharge of his duty by 
technicalities of laws made when the present anomalous condition of 
affairs were neither anticipated or provided for. 

By order of Major General Meade : 

K, C. DRUM, 
A true copy: Assistant Adjutant General. 

R. C. DRUM, Assistant Adjutant General. 



WAR DEPARTMENT, 

Washington, D. C, October 8, 1868. 
Received Atlanta, Georgia, October 8, 18f)8. 
To Major General Meade, Commanding Military Department of the 
South : 

Your dispatch of October 6, has been submitted to the General of 
the Army, the Secretary of War and to the President of the United 
States. The General approves y(mr proposed order. The President 
and Secretary of War do not deem it necessary to add any thing to 
the instructions heretofore given you, believing those instructions 
ample for your government. 

(Signed) E. D. TOWNSEND, 

A true copy : Assistayit Adjutant General. 

R. 0. DRUM, Assistant Adjutant General. 



e.e:fok.ts 



OF CHIEFS OF STAFF DEPARTMENTS ON DUTY AT HEAD- 
QUARTERS THIRD MILITARY DISTRICT AND DEPART- 
MENT OF THE SOUTH. ^ 



Statement showing the amount of labor done at Headquarters, 
Third Military District and Department of the South, from January 
1, 1808, to November 1, 1868, not including papers specially relating 
to Registration, elections, appointment to office, &c., pertaining 
to Civil Bureau : 

Number of letters received .. 5,432 

Number of miscellaneous papers (Inspection reports of proper- 
ty, certificates of disability, furloughs, &c.,) received and 

acted upon ..,2,02G 

Number of letters sent 1,883 

Number of endorsements 6,084 

Number of General Orders issued 140 

Number of Special Orders issued , 239 

A true copy : 

R. C. DRUM, Assistant Adjutant General. 



HEADQUARTERS DEPARTMENT OF THE SOUTH, 
Office op Judge Advocate, 

Atlanta, Georgia, Nov, 1, 1868. 
Brevet Brigadier General R. C. Drum^ U. S. Army, Assistant Adjutant 
General, Department of the South. 

General: — I have the honor to transmit herewith a report of the 
number of cases tried in the Third Military District from January 1, 
1868, to July 31, 1868, and in the Department of the South from Au- 
gust 1, 1868, to October 31, 1868. 

The nine cases reported as "trial commenced but not completed" 
were the nine prisoners charged with the murder of G. W. Ashburn, 



54 

whose trial was commenced on the 29th of June, 1868, but was sus- 
pended July 21, 1868, after the prosecution and a portion of the de- 
fence were completed, owing to *' the probable immediate admission of 
the State of Georgia, and consequent cessation of military authority," 
and the prisoners were turned over to the civil authorities. (See 
General Orders No. 12, current series. Headquarters Department of 
the South.) 

The two cases tried by Military Commission, "awaiting the action 
of the President," are those of Henry Moyatt, Private Company B, 
16th Infantry, and David Cameron, Private Company C, 5th Cavalry, 
charged with murder. The first of these cases was forwarded July 18, 
1868, and the latter July 20, 1868. 

The only prisoner tried by a Military Commission in the Third 
Militar}' District, now undergoing punishment, is William J. Bran- 
nen, found guilty of "voluntary manslaughter," (General Orders No. 
95, Headquarters Third Military District, series 1868,) who was, how- 
ever, sent to the Penitentiary of the State of Georgia, and, on the cessa- 
tion of military authority, was turned over to the State authorities. 
I am, very respectfully, your obedient servant, 

(Signed) WM, H. SMYTH, 
Capt. \Qth Infantry, Bvt. Maj. U. S. A., Acting Judge Advocate. 
A true copy : 

B. C. DRUM, Assistant Adjutant General. 



55 



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56 

Statement of Receipts and Expenditures under the Recon- 
struction Acts, in the Third Military District^ from May 21, 
1867, to November 5, 1868. 



1367. 
May 21 
Auy;. 30 



1867. 
Dec. 31 



KECEIPTS. 

Amount cash received to Dec. 31, 1867, as follows 

Received from U. S. Treasurer, .... 
Heceived from U. S. Treasurer, - - - . . 



Total received to December 31, 1867, 

EXPENSES. 

Amount expended to date as follows: 

I'rt.v of civil employees, 

Mileajjfe and transportation, 

Stationery and printing;, 

Postage and telfgrapliing, 

Ollict' rent and fui nitnre, 

Horses and equipments, 

Wagon and harness, - - - . 

Forage, 

Fuel and light, ..... 



Total expenses to December 31, 1867, 
Balance on hand January 1, 1868, - 



Doll's. 


C. 


Doll's. 


97.222 


22 




78,114 


79 


175,337 




120.390 


69 




19,262 


30 




24 663 99 




3,678 17 




2.125 73 




1,524 40 




450 


85 




101 


77 




58 


45 


172,256 








3.080 



01 



Receipts and Expenditures from January 1, 1868, to Novem- 
ber 5, 1868. 





RECEIPTS. 


Doll's. 


C. Doll's. 


0. 


18G8. 












Jan. I 


Balance cash on liand, • - - • 






3,080 


64 


March 1 


Rtceived from U S. Treasurer, - . - 


97,000 








April 10 


R>-ceived fir sale of property, ... 


589 








May 1 


Reci'ived of D. G. Curtis on account fine imposed by 
Military Commission, .... 


300 








June 16 


Received from U. S. Treasurer, 


87,701 


55 






July 16 


Received on account sale of property, 


20 








Sept. 9 


Received on account sale of property. 

Total receipts, ..... 


63 


74 


185,674 








29 




188,754 


93 




EXPENSES. 












Pay of civil employees, - - . . 


104,072 


12 








Transportation and mileage, - - 


17,085 


51 








Stationery and printing, ... 


6.572 










Postage and telf^graphing, - . . - 


3,659 


28 








Olhce rent and furniture, - - - . 


3.141 


57 








Fuel and light, ... . . 


224 


12 








Forage. .... . . 


634 


73 








Wagon harness, &c., - - - . 


122 


08 








Militarv commission, .... 


14.180 










Piititing press and material. 


1,176 


52 








Miscellaneous, . . . - 


154 


31 








Revenue tax to credit of U. S., - • - 
Total expended, . - . - 
Balance Nov. 5th, - ... 


300 


34 


151,322 








58 




37,432 


35 


1868. 












Nov. 5 


Balance on hand transf'd to Maj. J. W. NichoUs, 






37,432 


35 



57 



1868. 
Nov. 5 



REG A PIT ULA TION. 



Total amount received from May 21, 18G7, tu Di-ceui- 
tierSl, 18«7, - - - . . 

Total aimmiit received from Jaiiiiury 1, IStiS, to No- 
vember 6, 18G8, - - . . . 

Total receii)ts, - - . . 

Total amount expended from May 21, 1867. to Decem- 
ber 31, 18(17, 

Total amount cxjieuded from January 1, 18(;8, to No 
vember 5, 1S68, ..... 

Total expended, .... 

Balance on hand transferred to Maj. J, W Nicholls, 



Doll's. 
175,337 



IS.'), 074, 29 



172,200 



151 322 



37 



58 



Dol.h.iC. 



361,011 



323 578 



30 



95 



37.432 36 



(Signed) E. D. JUDD, 

Paymaster U. S. A.^ 

Disbursing Officer Civil Finul. 



A true copy: 

li. C. DRUM, Assistant Adjutant General. 



JS@* The reports of the Chief Quartermaster, Chief Commis- 
sary and Medical Director, relating to the mere routine of their 
departments, are omitted. 

8 



A I? F E IV I> I X . 



The foregoing comprises the documents accompanying 
Major General Meade's annual report to the General-in-Chief; 
but that his position on questions arising during his adminis- 
tration, referred to incidentally in his report, may be more 
fully understood, the following documents and order,^ are 
published for the information of the reader* 



[ The question as to the eHgihility of certain persons proposed 
as candidates for Governor of the State of Georgia, having been 
submitted to Major General Meade, the following letter was 
addressed by him to the General-in-Chief of the Army on that 
subject .*] 

HEADQUAKTEES THIRD MILITARY DISTRICT, 

{Department of Georgia, Florida, and Alabama.) 
Atlanta, (iEouGiA. April 16, 1868. 
General U. S. Grant, Commanding U. S. Army, Washington, D. C. 

(Ieneral: — The Georgia Convention, in its ortlinanee requiring the 
election of Federal and State officers on the same days as the election for 
ratification, provided as follows : 

"And Mfi.jor General Mende i< ro-jpectfully reqncfsted to give the neces- 
sary orders to carry into eflVct !he foi-egoing provisions, and cause due 
returns to be made, and certificates of election to issue by the proper 
otficer>." 

This duty ot issuing certificates of election was one I should never vol- 
untarily have assumed ; but, unfortunately, my attention was not called 
to it till after the ndjotirnment of the Convention, too late to liave the 
ordinan(!e modified, and have the returns sent either to the President of 
the Convention, as was the case in Alabama, or to a Board of Canvassers, 
as is provided in the ordinance of the Florida Convention. The objection 
to discharging this duty is that it impose, on me the necessity of encpiir- 
ing into the qualifications and eligibility of those officers, who are not 
members of bodies competent themselves to adjust such questions, as, for 
instance, the Governor. On the third instant, a letter was handed to me 
by ji committee of gentlen»en. asking of me an expression of opinion on a 
given statement of facts, as to tlie eligibility of the Hon. P. Irwin, as a 
canilidate fi-r Governor, to which letter I replied, giving my opinion, and 
stating that if a person, with such a status, were elected, I should not 
f(!el myself authorized to permit him to take office. I considered that, iu 
view of the du<y imposed on me by the Convention, it was due to the 
voters of the State, if I had settled opinions and would be governed by 
them, that I ought not to decline making them publiiun advance of being 
required to act, though I now regret I did not assume this position and 
decline. 

A copy of my letter in reply, and of the one of inquiry in the ease of 
Judge Irwin, are herewith transmitted. 

The consequence of this letter was the withdrawal of Judge Irwin, 
and the putting in nomination, by another party, of General Gordon, 
whose friends likewise addressed me a letter, enquiring as to his qualifi- 
cations under the acts of Congress. Finding General Gordon had never 
held office before the rebellion, had never taken an oath to support the 
Constitution before entering the military service of t!ie Confederate 
States, I concluded that he was not excluded by the 14th Article Const!- 



61 

tutional Anionclmcnt, which, in my jn(lj::niont thon, and noio, was tlie 
test of whieh (iu:ililit';itions forottice holders was to l)e tested. 

Correspondenee in the case ot General Gordon likewise transmitted. 

Findinir the publicity of the fact that I h:id to i^sue certitientes of «-lec- 
tion and to decide on the eli^^ibility of candidate^', was involviiij^ nie in 
letters trom almost every candidate, I thought proper to issue :in order, 
copy herewith transmitted, announcing the peints of the Reconstruction 
acts bearing on the qualification for oflice, and stating whatortices would 
be voted for. In pr»^i)aring this order, I advised with the Acting JudgQ 
Advocate General of the Army, on duty at these Ilea«lquarti'r-, whose 
clear judgment on such points has been ot great as>istance to me and on 
which I have princii)ally dei)eiided since being here. Since the nomina- 
tion of General Gordon, his eligibdity under the liec»nistructio\i laws has 
been impeached on the ground that, until the State is admitted to repre- 
sentation, all government is only pro\i>.ion:d, and thnt no one can be 
elected or appointed to office under any provisional government unless 
they can take the test oath. 

This point is very ingeniously argued by one opposed politically to 
General Gordon, as will be seen by reference to the enclosed extract from 
a paper published here. If this point Is fairly r.d>ed, my opinion of 
April 4, and subsequent order, are both wrong; but I am not dispo>ed 
to acquiesce in its correctness, and for the following reasons : — 

First) I am of the opinion, from a careful perusal of the several Recon- 
struction acts, th;it the officers elected under the C()ns:itutioiis framed in 
accordance with these acts, were not considered, or intended to be con- 
sidere<l, as provisional governments, within the ine.miug ol this term as 7\ 
used in section 9 of the act of March 2, IcSiil; nor are they to beeon>idei-ed 
*'as elected under any so-called State authority,"" as referred to in section 
9, act of July 19,1807. 

They are elected to office under the authority of the Reconstruction 
acts themselves, and are not entitled to hold ottice until all the steps re- 
quired by said acts are fully complied with, and the only qutditicntioa 
for holding office, is the qualification required by the 14th Article Ciui- 
stitutional Amendment. This has been my opinion since tirst taking 
command, and so fully impressed was I with it, that prior to the Ala- 
bama election, I urged the posti)onement of the election cf State and 
County officers, until after the adoption of the Constitution by Congress, 
on the ground that, until the State was restored to its proper relations, 
these offices had no existence, and did not require to be tilled by el; ct^o i. 

It is true those elected could be appointed by me, as officers of a Pro- 
visional Government, or as in the case of Al.d)ama. where the Con>titu- 
tion failed of ratification, they could be legislated into office, as it is now 
proposed to do by bill in Congress; and this bill is, in my judgment, a 
vindication of the position I herein assume that the governm nts elected 
under the Constitutions submitted to Contxress — said Coji-titutions are 
adopted and said governments go into operation are not Provisional, nor, 
do they emanate from any so-called State authority, because this bill in 
legislating into olBce the persons elected, when the Constitution failed of 



.] 



62 

ratifioition, distinctly declares they are to be considered a Provisional 
Gov( rnmcnt and that the Reconstruction Laws are to continue in force 
until certain yteps are taken. Now if all governments are Provisional 
till the States is represented, there was no occasion for reiterating this 
provision ; the reiteration contirms me in the opinion it was made, be- 
cause Congress designed the governments created by their acts to be con- 
sidered permanent, and here being an exception, viz : a government cre- 
ated by Congress, but not in accordance with the Reconstruction Acts, 
Congress does what it did not <lo before— makes it provisional governmen 
and subjectto the authority of the I)i>trict Commander. Hence,I conclude 
that the offictrs to be elected in Georgia under the new Constitution if 
they are not put into office before the adoption of the Constitution by 
Congress and the adoption by the State of the 14th Article, are not officers 
elected un«ler any so-called State authority, and not therefore required to 
take the oath prescribed in Sec. 9, Act July 19, 18(57. 

Now as the members of the Legislature will be called together either 
by myself or by the Provisional Governor, in order to adopt the 14th 
Article, this preliminary step may be considered as under a Provisional 
Government and the power of the members be considered as derived from 
my authority, and then>fore by Sec. 9, July 19, 18G7, these members 
may be re(iuired before they can complete t\iis preliminary step to the 
admisf-ion of the State to take the oath prescribed in said section tor 
appointees of the District Commander. In view of this contingency and 
in order to set myself right on the record, I issued Order No. Gl, copy of 
which is herewith transmitted. Having thus given my reasons for the 
opinion as set forth, I desire to add /Secondly, that this opinion has 
already been submitted to you and my views confirmed. You will re- 
member that the ordinance of the Convention in Florida prescribed that 
the election for State and county officers should be held on the same day 
as the constitution was submitted to the people, and this Constitution 
enfranchised every citizen. This b'-ing before the recent act of Congress 
auth(»rizing these elections to be held in advance of the adoption of the 
Constitution, I was in doubt as to the proper action to be pursued. It 
the position maintaijied by the writer in the New Era is correct that the 
government elected imderthe new Constitution and in pursuance of the 
Reconstruction Act is a Provisional Government, then none but register- 
ed votiM's could vote for the offices, hence I telegraphed you as follows on 
February 2i), KSiiH: 
General U. S. Grant, Washington, D. C: 

***** Is this election of officers under the Con- 
stitution and only to take office on the adoption of the Constitution to be 
consiilered as an election tor officers under the Provisional Government 
referred to in Sec. 0, of Act of March 2tl. 1S67, and are non'registered 
voters excluded by this section at first election held under the new Con- 
stitution ? 

To which r received your reply under d;»te of March 2, 1868: 

The election jiroposed by the Convention tor officers utider the new 
1 Constitution, L d'v'iot consider as an election for officers under the Pro- 
Isioual Government refered to in Sec. G, of Act ol March 2. 1867." 

(Signed) U. S. GKAKT, 

General. 



63 

Subsequently, Coiipress sustained us in our opinion by framing a bill 
authorising elections in advance of adoption of Constitution ;ind as pre- 
vious laws had defined the qualifications for voters, Congre-s to prohibit 
the exclusion of registered voters prescribes that at these elections regis- 
tered voters may vote— Congress again doing an act inconsistent with 
the theory of the writer in the New Era, because it thf persons elected at 
these elections were by previous acts members of Provisional (iovcrn- 
ments, why reiterate what previous laws required that only registered 
voters should vote. 

You will thus perceive that the opinions given in the cases of Judge Ir- 
win and General Gordon were predictUed on the conviction that the 14th 
Article contained the only qualifications prescribed by the IJecon^truetion 
acts, and the correspondence of the 29th February by telegram, had set- 
tled me in the opinion that these Governments to be elected were not 
provisional, or to be considered as deriving their authority from any so- 
called State authority, and that this question, f<.rtunately for me. had 
been raised in advance of its application to any individual or political 
consideration. 

I have now given you a full statement of the manner in which I be- 
came involved in giving construction to the laws, and al^o the construc- 
tion given, to which, unless overruled, I shall adhere. It is true. Con- 
gress can. at any moment, pass an amendatory or explanatory act, whi« h 
Bhall require the test oath to be taken by persons elected under the new 
Constitution,but I should greatly regret such action for two reasons. ^rs<, 
that it would be considered as an additional condition, and imposed tor 
special purposes; secondly, it will be very ditficult to carry out, as I 
have already advised you at the time it was proposed to require a com- 
plete change in oflBce holders. 'I'he question, however, is important, and 
should be settled. It evidently has never been imderstood in the light 
that is now attempted to be thrown on it, for, if it had, the members of 
the Constitutional Conventions should certainly have been reqiiired to 
take the test oath, and I am not aware that it was ever required of any ol 
them. Elections are now coming off both in this State and Florida, and 
pending bill in Congress requires those elected recently in Alabama to be 
installed in office. The question is. are all these officers, under existing 
laws, required to take the test oath, those in Alabama being members of 
a Provisional Government, as declared by statute, I presume will be re- 
quired, but 1 see no reason those in Georgia and Florida should be so re- 
quired. 

Very respectfully, your obedient servant, 

(Signed) GEORGE G. MEADE, 

Major General, 

A true copy : 

B. C. DRUM, Assistanl Adjutant General, 



64 

HEADQUARTERS, THIRD MILITARY DISTRICT, 

(Department of Georgia, Floridfi & Alabama,) 

Atlanta, Geoegia, April 15, 1868. 

GENERAL ORDEKS 



No. 61. 

I. General Orders No. 52, issued from these Headquarters on the 
subject of eligibility to office, have reference only to the qualifications 
for holding otiice und(!r the new constitution of this State, should it 
be ratified, and after the State should be admitied to representation 
in the Congress of the United States as provided for in the recon- 
struction acts. 

II. The question having been submitted whether the members of 
the General Assembly of this State, to be elected next week, will be 
required, before entering upon their duties, to take what is commonly 
called "the test oath,'' the Commanding General is of opinion 
that, inasmuch as said General Assembly, should the constitution now 
submitted to the people of this State be ratified by them, and be ap- 
proved by Congress, is required to convene and adopt the proposed 
amendment to the Constituti(m of tlie United States designated as 
"Article XIV,"' before the State can be admitted to representation in 
Congress ; it may be decided that the members of said General Assem- 
bly are. while taking this preliminary action, officers of a provision- 
al government and as such required, under the 9th section of the Act 
of Congress of July 19, 1867, to take "the test oath." That oath is as 
follows : 

"I, A. B., do solemnly swear (or affirm) that I have never volun- 
tarily borne arms against the United States since I have been a citi- 
zen thereof; that I have voluntarily given no aid, countenance, coun- 
sel or encouragement to persons engaged in armed hostility thereto,* 
that I have neither sought, nor accepted, nor attempted to exercise 
the functions of any office whatever, under any authority, or preten- 
d(!d authority, in hostility to the United States; that I have not yiel- 
ded a voluntary support to any pretended government, authority, 
power, or constitution, within the United States, hostile or inimical 
thereto. And 1 do further swear (or affirm) that, to the best of my 
knowledge and ability, I will support and defend the Constitution of 
the United States against all enemies, foreign and domestic; that I 
will bear true faith and allegiance to the same; that I take this obli- 
gation freely, without any mental reservation or purpose of evasion ; 
and that I will well and faithfully discharge the duties of the office on 
which I am about to enter. So help me God." 
Bv order of Major General Mkade : 

(Signed) R. C. DRUM, ^ 

Assistant Adjutant General. 

In answer to the foregoing letter, the folloxoing telegram was re- 
ceived : 

HEADQUARTERS WAR DEPARTMENT, 

Washington, D. C, April 29, 1868. 
Major General George G. Meade, Commandiyig Third Military Dis- 
trict : 
I have carefully read your letter of 16th April, and its enclosures. 



65 

I see nothing in them to change my opinion as expressed to 3'oa in 
my dispatch of Marcli 2, 1808. 

The otficcrs olect(>d under the new Constitution of Georgia, are not 
officers of tlie Provisional Government referred to in the Keconstruc- 
tion Acts, nor are they oflicors eh'ctcd under an}' so-called State au- 
thority, and are not therefore required to talce the oath pre>crihed in 
section nine, ^ct of July 19, 18(37. The eligibility to hold officemust 
be determined hy the new Constitution, and the Amendment to tho 
Constitution of the United States, designated as Article Fourteen. 

(Signed) U. S. GKANT, 

Ueneral, 
A true copy : 

li. C. DRUM, Assistant Adjutant General. 



OOKEESPONDENOE EELATIVE TO THE OEGANIZATION 
OF THE GEOEGIA LEGISLATUEE. 



Atlanta, Georgia, July 8, 1868. 
Major General George G. Meade, Commanding Third Military Dis- 
trict : 

General : — A joint committee of the General Assembly waited upon 
me at ten o'clock this morning, and made oflBcial notification that the 
two Houses had perfected their organization by the election of officers, 
and now waited any communication that the authorities might desire to 
make : To which I replied — expressing gratification at the information 
thus conveyed — that I would communicate the facts to the Major Gen- 
eral Comnjanding the Third Military District, and upon receiving his 
orders would communicate with the General Assembly. 

It is proper for me to inform the General Commanding, that it is al- 
leged that a number of the members of the General Assembly, who 
were declared elected, are not eligible to their seats under the Act of 
Congress of June 25, 1868, by reason of their having taken an official 
oath to support the Constitution of the United States, and afterwards 
giving aid and comfort to the enemies of the United States. It is also 
alleged that one or more of the officers elected by that body, are pro- 
hibited from holding office by the provisions of the same act. 

I am not advised, that any action has been taken by either House, to 
ascertain the eligibility of its meml>ers or of its officers ; indeed, I be- 
lieve that no such action has been taken. 

Very respectfully, 
(Signed) IIUFUS B. BULLOCK. 

Provisional Oovernor, 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



66 

HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, Gkoegia, July 8, 18(J8. 
To Jhs Excellency JR. B. Bullock, Provisional Governoi- of Georgia. 

Goveknoh; — 1 have to acknowk'dg(! the receipt of your letter of 
this date, advising me that you have been offieially infoiined thfit the 
two Houses of the Le^-ishiture had perfected their oi-ganization, and 
were awaiting any ct)mn>uiiiii'ation you might have to make, and that 
accordingly you referred to me lor instructlojis. In reply I bog leave 
to state that I have no instructions to give you, further than to make 
known that, in my judgment, neither House is organi^^ed legally un- 
t)l they have complied with the requisitions of tlie Reconstruction 
acts, and the act which becatno a law June 25. 18 j8, all of which 
prohibit any one holding an office under the State who is excluded by 
eeetion '6 of the Amendment to the Constitution, known as Aitivlel4. 
That this view is not a novel one with me. and does not arise from any 
consideration but my desire to execute the laws, will be clearly seen 
by reference to the accom})anyiiig General Order No. 52, of April G, 
1868, in which I announced to the people of Georgia and candiilates 
for election, my views of the eligibility of candidates under the laws 
of Congress It is not my purpose to dictate to the two Houses how 
or when they will a}>ply this test to the s.veral n)embers. Ordinarily 
each House is undoubtedly the judgi of the qualifications of its mem- 
bers, but in view of the fact that lUe L"iri>iaTnre, until the State is 
admitted by compliance with the requisitions of the jicts of Congress, 
is only provisional, and subject to Lue auiiiuruy of the District com- 
mander, and in view of the further fact that it is my duty, so long as 
military government exists, to see that the laws be faithlully execu- 
ted, I feel constrained to say that t cannot recognize any act of the 
Legislature as valid, nor allow the same to be executed, until satis- 
factory evidence is produced that all nersons exehtded bv ih"nth Ar- 
ticle are deprived (,f their seats or ofBcei in both Houses, You h ive 
been furnished from th se H'-afitpiarters, foi- transmit-^ion to the 
respective Houses, the documents in the cases of sevei-al members 
whose seats are contested oti Uiis gi'ound, and there is, doubtless, 
other information upon the same subject. JMyonly object now is, 
that you niay communicate tliese views to both Houses, leaving to 
each to take such action as it may deem suitable and proper. 
Very respectfully, your obedient servant, 

(Signed) GJiOKGK G. jIEADE, 

Major General, Commanding. 
A true copy : 

R. C. DRUM, Assistant Aljidant General. 



Atlanta, Geoegtv, July 17, 1863. 
Major General George G. Meade, (hmmandlng T/urd Mdliary District, At- 

hirda, Georgia. 
General : 

1 herewith transmit the resolution of the Senate and the reports of the 
majority and the minority of the Committee appointed by the Senate to 
investigate and report upon the eligibility of Senators and Officers un- 
der the Act of Congress of June 25ih, 18G8. 

The minority report Senators John C. Richardson, B. R. McCutchin, 
Joshua Griffin, J. J. Collier, W. B. Jones, J. H. McWhorter, C. K. 
Moore, John Harris and K D. Graham ; and Officers E. Thoru and J. 
G. W. Mills, as ineligible. 



G7 

Of lliose Senators John C. Eichardsoit, Joslina GrifTm, W. B. Jones, 
J, PI. McWhorter and John Han is, and Officer J. G. W. Mills have been 
relieved bv Congress, thns leavjnj^; Hi^nators B. K. Mcf'utchin, J. J. 
(\)llier OR. Mcrore and E. D. Graham, and Officer E. The n, ineligi- 
ble and in the opinion of tlie minority, not entitled to seats or othce. 

The renovt of the majoritv is in favor of ihe ehi^ibihty of all the Sen- 
ators and Offi-.ers, and' is herewith presented, with the evulence upon 
which the Committee b ise their report. 

After earefnlly reviewiuL? this evidence, the following endorsements 
are ninde, to which the attention of the Commanding General is re- 

spectlnlly invited :— „ ^ , ^ , r l-u m-i • t 

Bv the abstract of the examination of Senator Graham, of the Ihird 
District. h<> states that he served a year and a h-.df, or two years, aa 
Postmaster but fails t<-> remember whether or not he took an oath to 
support the Constitution of the United States. He afterwards partici- 
pated in Ihe Rebellion. By the laws of Congress, persons sixteen 
Years of age and older, are allowed to qualify as Postmaster : and, m 
this capacity, are in the eve the law, "Officers of the United Sbites. 

Senator Moore, Twelfth District, by his own evidence, was Oidinary 
of Wtbster County, in this State, prior to the War ; and as the Consti- 
tution and laws made it his duty to take an oath to support the ( onsti- 
tution of the United States, th<3 presumption of law is, that he did 
tuke the cath. notwithstanding his failure to recollect the tact. His own 
statement further shows that he held this office before, and for three 
years during the war. He is therefore clearly ineligible. 

The case of Senator McCutchin, of the Forty-fourth District, is this: 
He prior to the WMr held an office, and took an oath to support the 
Constitution of the United States ; and, during the war held an office 
under the hiaie Govtrument, "created by law for the administration of 
a crenend law of the State;" hence, having held an office under a State 
en-a^ed in rebelliun against the United States, he must necessarily 
have'^'-iven "aid and comfort to the enemies thereof " -and theretore, 
nnder'^the third section of the XIV Article, and the sixth s-ction ol the 
Supplementarv Acts of July 19lh, 18G7, he is clearly ineligible. 'I hat 
this view must have been taken of the matter by the Senator himselt, is 
shown by the evidence of T. J. Job, who was Clerk of the Board of 
Eet^istriition in the Senator's District. The Senamr, accoidmg to the 
tesUmory, came before the Board three times, and each time declnied 
to register, because he did not think he could take the oath; but, with- 
in the fourteen days prior to the election, and afi'er hf. hadbten nominated 
as a candidale, he 'did take the oath and was registered. 

Senator Colder, of the Fourteeath District, by his own evidence, held 
an offic- and took an oath to support the Constitution of the United 
States prev!<->ns to the wjir; but. in his own opinion. <lid not give aid or 
comtort to the enemies thereof; although, he aided his sons, who were 
en<^aged in rebellion. Further, he produces a pardon, of the President 
oflh'e United States, which could not have been obtained without a 
previous admission upon the part of the Senator //)/'/ he had been e^'gaged 
in rebellion against the authority of the United States, or given aid and 
comfort to the enemies thereof. In the Supplementary Reconstruction 
Act of July lOtb. bSf)?. section seven, executive pardon, or amnesty, is 
not allowed lo invest the party receiving such pardon with the right to 
vote. 

Senator Jones, of Thirteenth District, from the evidence presented, 
would be deemed ineligible; but I have official information in my pos- 
session, that he has been relieved of his disabilities by Congress. 



f8 

Senator Holcomb, of the Thirty-ninth District, according to his own 
statement, did not hold any office previous to the war that, in his opin- 
ion, would make him ineligible under the law, although it has been re- 
presented to me that under the laws of South Carolina the officers of 
militia were executive officers, created by a law of that State, having 
charge of the patrol of the District and other executive duties for the 
•' administration of general laws, and for the administration of Justice." 
Time has not been given to ascertain the truth of this representation, 
nor have the Committee made any investigation to that end, notwith- 
standing the fact that the Senator's seat has been contested upon this 
ground, by a A. W. Hansard, who desires to prove the ineligibility of 
Senator Holcomb. 

J, G. W. Mills, journalizing clerk, would, from the evidence present- 
ed, be clearly ineligible, but I have been officially informed that he has 
been relieved of his disabilities by Congress. 

Ephriam Thorn, door-keeper, according to his own evidence, is, in 
my opinion, clearly ineligible under the law. 

Senator John Harris, of the -^ — District, from the evidence 

presented, would be clearly ineligible, but I have official information 
that his disabilities have been removed by Congress. 

Under the third section of the Act of Congress of June 25th, 18G8, 
permitting the assembling of the (Jeneral Assembly of this State, all 
persons who would be ineligible to office, under the Constitutional 
Amendment, when adopted, are, by an express law of Congress, made 
ineligible in the organization of State Governments; and under the 
Heconstruction Acts of Congress, the General Commanding the Military 
District is, in this State, the sole executive officer of the laws of Con- 
gress, and is the only authority who can see that they are executed in 
case they are disregarded by the General Assembly. 

I would therefore most respectfully submit, that, in my opinion, from 
the evidence presented, E. J). Graham, C. K. Moore, B. R. McCutchin 
Rnd J. J. Collier are not eligible to seats as Sena ors; and that E. 
Thorn is not eligible as an officer ot the Senate. 

In the case of H. W. Holcomb, I M^ould respectfully recomnipnd that 
the Senate be requested to further investigate his case. 'J he decision 
of the Commanding General is respectfully solicited. 

Very respectfully, your obedient servant, 

(Signed) BUFUS B. BULLOCK, 

Provisional Governor. 

A true copy : 

R. C. DRUM, Assistant Adjutant General. 



Majority Report of the select Committee on the eligibility of 

m,emhers of the Senate of Georgia : 

The select committee to whom was referred the message of his Ex- 
cellency Provisi.)nal Governor Bullock, and accompanying documents, 
report that they have carefully examined the case of each Senator and 
officer of the Senate, as to their eligibility under section 3, Constitu- 
tional Amendment, Article 14, and find none ineligible, which is re- 



C9 

ted, together wi 
I. 
July 17,' 1 808. 



spfX'tfullj^ submitted, together with an abstract of the evidence on 
which thoy acted. 



Adopted July 17, 18G8. 



M. a SMITH, Chairman. 

H. HICKS ) 

R. T. NESBITT } (hinrniitee. 

MILTON A. CANDLER ) 

F. O. WELCH 

A. E. MARSHALL, Sec'y Senate. 



A true copy : 

R. C. DRUM, Assistant Adjutant General. 

Minority re/poH of the Committee on the cligihilitij of members 

of the Senate of Georgia : 

Atlanta, Georgia, July 17, 1868. 

We whose names are hereunto annexed, a minority of your com- 
mittee to whom was referred the examination into the eligibility of 
Senators and officers of the Senate, beg leave to otfer the following 
report. 

We find after careful examination of the testimony in the cases of 
Senator Collier, of the 14th District, and Senator Jones, of the 13th 
District, a barrier to their elegibility, in this that it is clearly proven 
that each held office before the war, taking the usual oath to support 
the Constitution of the United States, and afterwards gave aid vol- 
untarily to the rebellion, it being in the minds of your commiiieo 
thus clearly proven. 

We respectfully refer Senators to the testimony upon which our 
conclusion are based for their own guidance in the premises, and beg 
to be relieved from further labor on this subject. All of which is re- 
spectfully submitted. 

(Signed) JOSEPH ADKINS. 
A true copy : 

R. (J. DRUM, Assistant Adjutant General. 



The undersigned, one of the committee appointed to inquire into 
the eligibility of Senators and officers of the Senate as determined bv 
the Third Section of the proposed amendment to the Constitution of 
the United States, known as article 14, reports that after careful in- 
vestigation, he finds the following Senators and officers ineligible, to 
wit: 

John C. Richardson, B. R. McCutchin, Joshua Griffin, J. J. Col- 
lier, W. B. Jones J. H. McVVhorter, C. R. Moore, John Harris, 
E. Thorn, J. G. W. Mills and E. D. Graham. 

(Signed) E. J. HIGBEE 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 

Resolution respecting action of Senate of Georgia, on eligibility 

of its members : 

liesolvedy That the action of the Senate on the reports of the com- 
rnittee on the eligibility of its members, together with the reports 
and the testimony accompanying the reports, be communicated to 



70 

His Excellency, the Provisional Gcn'ernor f and through him to Ma- 
jor GcMieral Meado, informing His Excellency, that the >Senate having 
investigated the eligihility of its members, ask IIi« aj^proval of trteir 
action, and if approve.! the Senate repoj-ts itself duly oi-ganized, and 
ready to proceed to business, and receive any communication His 
Excellency may be pleased to make. 



HEADQUARTERS TPHRD MILITARY DISTRICT, 

Atlanta, Georgia, July 18, lb68. 
Hon. R. B. Bullock, Provisional Governor State of Geor-gia ; 

Governor :— I have the honor to acknov/ledge the receipt of yonr let- 
ter of the 17th instant, transmitting the action and resolution of the 
Senate, on the eligibility of its members, under the Fourteenth Article 
Constitutional Amendment, and objecting to the same, on the gi'ound 
of the admission of certain members, who, in the judgment of the mi- 
nority of the Committee of Investigation and yourself, are ineligible. 

In reply, I beg leave to state that the subject matter of your conjmu- 
nioiitiou will be held by me lor consideration, and that action thereon 
wdl be delerved. till I shall be officially advised of the course pursued 
by the House of Representatives upon the same subjecf. 
Very respectfully, your obedient sewant, 

(Signed) GEORGE G. MEADE, 

Major General U. S. A., Cornmanding. 
A true copy : 

R. C. DRUM, Assistant Adhifnvi General. 



OFFICE OF THE PROVISiu.naL GOVERNOR OF GEORGIA, 

Atlanta, July IH, 18G8. 
Major Genera! George G. Meade, (Commanding Third Military Dis- 
trict, Atlanta. 

General: — Athalf past twelve o'clock to-day, a Committee from the 
House of Representatives, waited upon me, and made the following 
Verbal report: "The House having taken into consideration tho 
question of the eligibility of its members, referred to in tho communi- 
cation of the Major Geiieral commanding, and Intving made a careful 
investigation of each case present<'d, have decided by a vote of the 
House that all persons now in their seats are eligible." In the com- 
munication of the 8th instant from the Major General commandinir, 
•which was present(^d to the House, I find the following: -'In my 
judgment, neither House is organi^.ed legally until they luive com^ 
plied with the requisitions of the Reconstruction acts, and tho act 
which became a law June 25, 1868, all of which prohibit any one 
holding an office under a State, who is excluded by section three of 
the Constituticjnal Amendment, known as Article 14, * * It is 
not my pur})Ose to dictate to the two Houses how or when they will 
api»ly this test to the several members. Ordinarily, each House is un- 
doubtedly the judge of the qualifications of its own members, but in 
view of the fact that the Legislature, until the State is admitted by 
compliance with the acts of Congress, is only provisional, and subject 
to the authority of the District commander, and in view of the fur- 
ther fact that it is my duty, so long as military government exists, to 
see that the laws be fully executed, I feel constrained to say that I can 
not recognize any act of the Legislature as valid, nor allow the same 
to be executed, until satisfactory evidence is produced that all persons 



71 

cxcludca bv the 14th Article nre doprived of their sents or offices in 
both IIoLi-.-s " The House has fMil.-d to fun.ish the report of its com- 
mittee, and the evidence taken in relation to tl.eer.iril>ility of its m.ni- 
b.rrand I am, therefore, unable to prodtice for the ccm.Kh.r.tion of 
the •< n.mandinl^ G-neral -satisfactory evidence ->^; - that all persons 
excluded l.y the 14th Article are deprived of their seats or otfic. s m 
both Hou*(-s" and I therefore feel constraitied to report the House has 
nut complied with the suo-estioiis of the Major Gencraleommanding. 
Verv respecttnUy, 

' (Signed) KUFUS B. BULLOCK, 
, . . Provisional Governor. 

A true C(niy : ,. , ^, ; 

R. C DIvUM, Assistant AJjxtfint General. 

BEADQUARTEKS THIB.D MILITARY DISTEICT, 
Atlanta, Gkokgia, July 20, 18G8. 
Eon. R. Bulloch, Frodsional Governor of Georgia : 

Governor :-I have the honor to acknowledge the receipt of your let- 
ter of the 18th inst., adviKin- me, that a committee ot the House of 
Bepresentativeshad waited on you. ar.d ^^'^^^"^'"^^.^^y^^ J^ 
the House having made a careful investigation into the eligi\.ility of its 
mcnibers, have decided by a vote of the House that all persons now in 

*^?havf ahwly'ackuowledged the receipt of your letter of the 17th, re- 
oortinf* the action of the Senate on the same subiect. 
^ I have now to advise and instruct you, that each House havmg com- 
plied with the requisitions of my communication of tne iSdi instant, b} 
J^xaminmg into, and decidi.ig on the eligibility ot their members under 
the Acts of Congress and the Fourteenth Article Constitutional Amend- 
ment. I have no further opposition to make to their proceeding to the 
business lor which they were called togeUx.r as I ^^^^^^^^ i;^;^^^:;^:!^^ 
organized from the 18th instant,-the date oi the action ot the House. 
Very respectlully, your obedient ^^ervant 

^ (Signed) GEOKGK G. MEADK 

A true copy: ^ Maj.r General L, S. A. 

K. C. 'JJRUM, Assisiani .Adjuiani General. 

EXECUTIVE DEPARTMENT, ^ 

Atlanta, Geohgia, July 30, 18G8. 

Major General Genrqe G. Meade, Cormnanding : w i Kx- ,.nv 

General :-I nni informed that an attemp't is contemplated b\ per- 
sons resident in the city of Augusta, to dely the authority ot the civil 
ofticers now acting as Mayor and Council ot that city. 

These olhcers were appointed by Military autliority, t^ fill ^^^^ 
and were recognized by the late Constitutional Convention as the] op- 
er civil authority ; and are to be recogmzed as such until their suu e. - 
S'u-s are regularly elected and duly qualified, or until otherwise provided 

^° In^n^ew'of the information above referred to, I would respectfully re- 
quest that the Commanding Officer of the Post of Augusta, he mstruct- 
ed to sustain the civil authority, when called upon. 

Very respectfully, 
(Si^ued^ EUFlS B. bullock, 

^ ° Governor. 

A true copy : ^ j 

R. C. DRUM, Assistant Adjutant Gen^y-uL 



72 

HEADQUAETEPtS THIED MILITARY DISTRICT, 

Atlanta, Gkorqia, Auii'ust 1, 1868. 
Ills Excellency^ R. B. Bullock, Governor Georgia: 

Sik; I have the honor to ackuowledge the receipt of your oommuni cation 
of the 30th ultimo, advising me that you anticipated ditficulties in the 
city of Augusta, and requesting ordei-s be sent to the Commamling Offi- 
cer at that place, to aid and co-operate with the civil authorities. In 
reply, I regret that it is not in my power to give the orders requested 
by you, nor can I permit the forces under my command to be employed, 
except under the orders of the War Department ; and should the pow- 
er tinder your control, in your judgment be inadequate to preserve law 
and order. I would suggest your so reporting by telegraph, to the Pres- 
ident of the United States, requesting I be instructed to use the milita- 
ry power for the preservation of the peace of the State. 

In reference to the municipal authorities of Augusta being the ap- 
pointees of the military, your attention is called to the enclosed Gen- 
eral Orders by which you will see that the past acts of the military have 
now no force, but such as maybe given to them by the Courts and Leg- 
islatures ol the respective States ; and I would suggest your urging ac- 
tion on the part of the Legislature, to confirm the power of such ap- 
pointees as necessarily hold over and a' so such orders as it was deemed 
proper to issue, bearing on the rights of person and property. 
I am sir, very respectfully, your obedient servant, 
(Signed) GEORGE G. MEADE, 

Major General U. S. A.^ Commanding. 
A true copy : 

S. F. BARSTOW, Acting Assisiard Adjutant General. 



Circular Letters Relative to Military Interference in 
Civil AflPairs, sent to Subordinate Commanders. 



HEADQUARTERS, DEPARTMENT OE THE SOUTH, 

Atlanta, Geokgia, August 25, 1868. 

To Commanding Officer District oj 

[CiKcuLAR Letter :] 

That there may be no misunderstanding on the part of District 
Contmanders and their subordinates as to their duties, in the eTent of 
any disturbance in the civil government within the territorial limits 
of their commands, or as to the power of thy military authoriti(;s un- 
der existing circumstances, the following correspondence is furnished 
for your information and guidance : 

HEADQUARTERS THIRD MILITARY DISTRICT, 

Atlanta, Geokgia, July 30, 1868. 
General U. S. Grant, Washington, D. C: 
The Governor of Georgia, advises me there is reason to believe, the 



73 

municipal authorities of Augusta are about being resisted by a com- 
bination made for that purpose. These authorities, were the appoin- 
tees of my predecessor, and it is probable the resistance anticipated, 
is on the ground that military authority having ceased, all agents 
drawing their power from the military nvo functus officio. The Gov- 
ernor calls on me to sustain the civil authorities if necessary. In- 
structions and advice is requested on the position the military power 
now occupies. In my judgment, 1 have no right to interfere or use 
the military forces under my command, except where so instructed to 
do from superior authority ; and that the Governor should r(?port to 
Washington his inability to preserve order and enforce the law, be- 
fore any orders are sent to me. 

(Signed) GEORGE G. MEADE, 

Maj. Gen. Commanding, 



WAR DEPARTMENT, 
"Washington, D. C, July 31, 1868. 
Major General George G. Meade ^ 

Comm,anding Third Military District^ 

Atlanta, Georgia : 

Your telegram to the General Commanding, requesting instruc- 
tions and advice on the position the military power occupies in Geor- 
gia, has been submitted to the Secretary of War, and by him laid be- 
fore the President and Cabinet. 

Your views as to when and how the military forces under your 
command may be used, were approved of, and I am instructed by the 
Secretary of War, to say to you that he will prepare and send to you 
instructions for your guidance. Also that should any insurrection or 
riot break out before you receive them, to advise the Governor to tele- 
graph to the President for the required authority to use the troops in 
quelling the same. 

(Signed) JOHN A. RAWLINS, 

Chief of Staff. 



Washington, D. C, August 20, 18G8. 
Major General George G. Meade, 

Commanding Third Military District, 

Atlanta, Georgia : 
The subject matter of your dispatch is still under consideration. 
The answer however will probably be similar to instructions sent 
General Buchanan. 

(Signed) JOHN A. RAWLINS, 

Chief of Staff. 



WAR DEPARTMENT, 
Washington, D. ri., August 22, 1868. 
Major General George G. Meade, Commanding Department of the Souths 
Atlanta, Georgia. 

The following instructions were sent to General Buchanan : 
10 



74 

HEADQUARTERS OF TFTE ARMY, 
Adjiitaul Geiiemrs Office, 
WasbinnrtoM. D. C. August 10, 1868. 
Brevet Major General Robert C. PyucJianan, U. S. Army^ Commanding 

Departtnent of Louisiana, New Orlea?is, Louisiana. 

General: The followinc; instructions from the iSecretary of War ?»re 
furnished for your government, to the end thai the ^^ecessary a:d may 
be rendered by the United States as promptly as possible in any case 
of insurrection or domestic violence in the Stat(?s embraced in your 
Military Department. You will keep yourself informed of the con- 
dition of affairs in said States, and comnuinicate promptly by tele- 
graph to thc^ War Department, through the Headquarters of the Ar- 
my, any facts wliich may make it the duty of the President, under 
the C'onstitution and laws, to employ the military force of the Uni- 
ted States. 

You will also maintain such disposition of the troops under your 
command, that they may be ready to act without delay Uj)on receipt 
of the President's orders. Stationing them at, or from time to time 
moving them to points, where you may have reason to apprehend a 
necessity for their use. 

The following extracts from the Constitution and Laws of the Uni- 
ted States, indicate the condition under which the military forces of 
the United States may be lawfully employed to suppress insurrection 
against the Government of any State : — 

Article 4, Seciio7i 4, of the Consfitutio7i — "The United States shall 
guarantee t(; every State in this Union a Republican form of Govern^, 
ment, and shall protect each of them against invasion, and on appli- 
cation of the Legislature or of the Executive, when the Legislature 
cannot be convened, against domestic violence." 

Act of Congress, approved February 28, 1795, Section * * * * 

"And in case of an insurrection in any State agninst the govern- 
ment thereof, it shall be lawful for the President of the United IStates 
on application of the Legislature of such State or of the Executive, 
when the Legislature cannot be convened, to call forth such a num- 
ber of the militia of any other State or States, as may be applied for, 
as he may judge sufficient to su})press such insurrection. And 
Section three (3) provided always and be it further enacted, that 
whenever it may be necessary, in the judgment of the President to 
use the military force hereby directed to be called forth, the Presi- 
dent shall forthwith by proclamation command such insurgents to 
disperse and retire peaceably to their respective abodes within a limi- 
ted time." 

Act of Congress approved March 8, 1807: Be it enacted, &c., 
that in all cases of insurrection or obstruction to the laws, either of 
the United States or of any individual State or Territory, where it is 
lawful for the President of the United States to ciU forth the Mili- 
tia for the purpose of suppressing such insurrection, or of causing the 
laws to be duly executed, it shall be lawful for him to employ for the 
same purposes such part of the land or naval forces of the United 
States as shall be judged necessary, having first observed all the pre- 
requisites of the law in that respect. 

By command of General Gkant : 

(Signed) JOHN A. RAWLINS, 

Chief of Staff. 



From the above you will porceivo there is no authority for the in- 
terposition of the military forces undfr your command, and that 
when the interterenoe of such authority is deemed necessary, applica- 
tion for its use must be made to these Headquarters. Should an ex- 
igency arise requiring instant action, and if it be impracticable for 
want of time to consult the views of the Commanding General, any 
action taken must be on the responsibilitj" of the commander interfer- 
ing ; who, it is needless to say, will be held to a strict accountability 
for his action. 

The "Fceedman's Bureau" is now in the same relative position 
with the Military power, as any other Civil Bureau of the Govein- 
ment ; application, therefore, for the use of troops in connection there- 
with, must be made to the Department Commander. 

By ofiDER OF Majok General Meade: 
(Signed) E. C. DRUM, 

Assistant Adjutant General. 
A true copy : 

E. 0. DEUM, Assistant Adjutant General. 



HEADQUAETEES DEPAETMENT OF THE SOUTH, 
Atlanta, Gkorgia, October 1, 18G8. 
To fhrnmandlng Officer 

The following correspoudcnce is furnished for your information and 
guidance ; 

HEADQUAETEES OF THE AEMY, 

Adjutant General' .s Office, 

Washington, August 25, 18G8. 
Major Gf-iieral Gaorge G. Meade, U. S. Army, (Jomniandlng Department of 

the South, Atlanta, Georgia : 

General ; — lu re].)ly to your request for instructions relative to the 
use of the troops under your comnnuid iii aid of the civil authorities, the 
Secretary of War directs to be furnished, for your information and gov- 
ernment, the enclosed copies of a letter of instructions to Brevet Major 
General Buchanan, commanding Department ot Louisiana, dated Au- 
gust 10, 1868, and of a letter Iroin the Attorney General of the United 
States to Alexander M gruder, Esquire, United States Marshal Northern 
District of Florida, dated August 20, 18G8. 

The letter to General Buchanan indicates the conditions under which 
the military force of the United States ma}^ be employed to suppress 
insurrection against the government of any State, and prescribes the 
duties of the r)e])artment commander in reference thereto. 

The letter of the Attorney General sets forth the conditions under 
which the Marshal and Shr rifts may command the assistance of the 
troops in their respective Districts or Counties to execute lawful pre- 
cepts issued to them by competent authority. 

The ol)ligation of the military, (individual officers and soldiers,) in 
common with all citizens, to obey the summons of a Marshal or Sheriff, 
must beheld subordinate to their paramount duty as members of a per- 
manent military bodj'. Hence the troops can act only in their proper 
organized capacity, under their own officers, and in obedience to the 
immediate orders of those olMcers. The officer commanding troops 
summoned to the aid of a Marshal or Sheriff, must also judge for him- 
self, and up 111 his own official responsibility, whether the service re- 
quired of him is lawful and necessary, and compatible with the proper 
discbarge of his ordinary military duties, and must limit his action 



76 

absolutely to proper aid in execution of the lawful precept exhibited to 
him by the Marshal or Sheriff. 

If time will permit, every demand from a civil oflBcer for military aid, 
whether it be for the execution of civil process or to suppress insurrec- 
tion, should be forwarded to the President, with all the material facta 
in the case, for his orders ; and in all cases the highest commander 
whose orders can be given in time to meet the emergency, will alone 
assume the responsibility of action. 

By a timely disposition of troops where there is reason to apprehend 
a necessity for their use, and by their passive interposition between 
hostile p irties, danger of collision may be averted. Department com- 
manders, and, in case of necessity, their subordinates, are expected in 
this regard to exercise, upon their own responsibility, a wise discretion 
to the end that, in any event, the peace may be preserved. 
By command of General Grant : 

(Signed) J. C. KELTON, 

Assififant Adjutant General. 



ATTORNEY GENERAL'S OFFICE. 

20th August, 1868. 

Alexander Magruder, Enquire, U. S. Marshal Northern District Florida, St. 

Au'justine, Florida. 

Sir : — Your letter of the 12th instant reached me yesterday, and has 
received an attentive consideration. (Jolonel Sprague's inlormation to 
you must have been based upon his own construction of General 
Meade's order, lately issued, and not upon any special ins! Tactions from 
the President to Colonel Sprague through General Meade or otherwise, 
as no such special instructions have been issued by the President. You 
add, "Under some circumstances I should be glad to have the aid of 
the military, and, if practicable, would be pleased to have instructions 
given to the military to aid me when necessary. I ask this, as Colonel 
Sprague informs me under his instructions he cannot do so." This de- 
sire and request for the "aid of the military" under certain circumstances, 
I understand to refer to the occasional necessity, which may arise, that 
a Marshal should have the means of obtaining the aid and attendance 
of a more considerable force than his regular deputies supply, for the 
execution of legal process in his District. 

The 27th Section of the Judiciary Act of 1789, establishes the office 
of Marshal, and names among his duti(>s and powers the following : — 
"And to execute throughout the District all lawful precepts directed to 
him, and issued under the authority of the United States ; and he shall 
have power to command all necessarj' assistance in the execution of his 
duty, and ai:)point, as there may be occasion, one or more deputies." 
(1 St., p. 87.) 

You will observe from this that the only measure of the assistance 
which you have power to command is its necessity for the execution of 
your duty, and upon your discreet judgment, under your official respon- 
sibility, the law reposes the determination of what force each particular 
necessity requires. This power of the Marshal is equivalent to that of 
a Sheriff, and, with either, embraces, as a resort in necessity, the whole 
power of the precinct (County or District) over which the officer's au- 
thority extends. In defining this power. Attorney General Cushing, 
and, as I understand the subject, correctly saj-s "it comprises every per- 
son in the District or County above the age of fifteen years, whether 
civilians or not ; and including the military of .all denominations, mili- 
tia, soldiers, marines, all of whom are alike bound to obey the com- 



77 

mands of a Sheriff or Marshal." While, however, the law gives yon 
this "power to command all necessary assistance," and the military 
within your District are not ( xempt from obligation to obey, in common 
with all the citizens, your summons in case of necessity, you will be 
particular to observe that this high and responsible authority is given 
to the Marshal only in aid of his duty "to execute throughout the Dis- 
trict all lawfid precepts directed to him, and issued under the authority 
of the United States, and only in case oi necess'di/ for this extraordinary 
aid. The military persons obeying this summons of the Marshal, will 
act in subordination and obedience to the civil officer, the Marshal, in 
whose aid in the execution of process they are called, and only to the 
effect of securing its execution. 

This special duty and authority in the execution of process issued to 
you, must not be confounded with the duty and authority of suppres- 
sing disorder and preserving the peace, which, under our Government, 
belongs to the civil authorities of the State, and not to the civil author- 
ities of the United States. Nor is this sy)ecial duty and authoritv of 
the Marshal in executing process issued to him, to be confounded with 
the authority and duty of the President of the United States, in the 
specific cases of the Constitution and under the regulations of the Stat- 
utes, to protect the States against domestic violence, or with the au- 
thority and duty, under special Statutes, to employ nulitary force in 
subduing combinations in resistance to the Inws of the United States, 
for neither of these duties or authorities is shared by the subordinate 
officers of the Government, except when and as the same may be speci- 
fically communicated to them by the President. 

I have thus called your attention to the general considerations bear- 
ing upon the subject to which your letter refers, for the purpose of se- 
curing a due observance of the limits of your duty and authority in 
connection therewith . Nothing can be less in accordance with the na- 
ture of our government, or the disposition of our people, than a fre- 
quent or ready resort to military aid in execution of the duties confided 
to civil officers. 

Courage, vigor, and intrepidity are appropriate qualities for the civil 
service which Marshals of the United States are expected to perform, 
and a re enforcement of their power by extraordinary means is permit- 
ted by the law only in extraordinary emergencies. 

If it shall be thought that any occasion, at any time, exists for in- 
structions to the military authorities of the United States, within any 
of the States, in connection with the execution of process of the courts 
of the United States, these instructions will be in accordance with the 
exigency then appearing. 

I am, sir, very respectfully, your obedient servant , 

(Signed) WILLIAM M. EVARTS, 

Aitorney General. 
Adjutant General's Office, August 26, 1868. 
Official copy : 

(Signed) J. C. KELTON, Assistant Adjutant General. 

By Order op Major General Meade : 

(Signed) R. C. DRUM, 

Asslstard Adjutant General 
A. true copy : 

R. C. DRUM, Assisiani Adjutant General. 



78 

HEADQUARTERS DEPARTMENT OF THE SOUTH, 

Atlanta, Georgia, November 23, 1868. 
[Circular Letter.] 

To ! 

Sir: — rhe following correspondence is respectfully fur- 
nished for your information : 

WAR DEPARTMENT, 

AdjL GenVs Offiw, Washington, Nov. 12th, 1808. 
Major General George G. Mecide, Commanding Department 
of the South, Atlanta, Georgia. 

Sik: — I have the lionor to inform you that the views ex- 
pressed in your endorsement of the Slst ultimo, returning to 
the Commanding Otiicer District of South Carolina, papers re- 
lative to the construction of General Orders No. 27, from Head- 
quarters Department of the South, as regards furnishing de- 
tails of troops upon summons from the Sheriffof a county, or 
intendant of a town, have been concurred in by the Secretary 
of War.' Very respectfully, your obedient servant, 

(Signed) E. D. TOWNSEND, Asst. Adjt. Genl. 

Endorsement dated October 31. s^. 1868, on a letter from Brevet 
Brigadier General J. V. Bomford, U. S. Army, Command- 
ing District South Carolina, dated Columbia, South Carolina^ 
October 23d, 1868, enclosing letter from Brevet Major J. J. 
Vanllorn, dated October "list, 1868, requesting information 
as to construction of General Orders No. 27, " as regards 
furnishing a, detail from tng command upon a summons 
from the Sheriff of the county or Intendant of iJieiown, for 
the arreM of single -per sons. ^^ 

"Respectfully returned to Brevet Brigadier General J. V. 
Bomford, U. S. Army, commanding District of South Caroli- 
na. The case is too indefinitely stated mi' any specific in- 
structions. It was not designed by General Orders No. 27 to 
relieve Sheriffs from such duties as would be imposed on them 
were no military force present ; and the Sheriff is authorized 
to call on the military only when he has exhausted all other 
resources, or wJien he meets with resistance in the attempt to 
enforce process. It was not intended, nor will it be permitted 
the Sheriff to rely on, and only on, the military for his pur- 
poses. Not only would sucli a course be contrary to law, but 
Avould tend to relieve citizens from doing the duty which the 
law imposes on them. Besides, the troops are not permanent- 
ly stationed where they are at present, and such reliance by 
Sheriffs would be merely temporary. Whf^n a distinct case, 
with names of parties, action of Sheriff, evidence of his ina- 
bility to execute process, or of resistance offered is presented, 
the Commanding General will give special instructions in the 
case. Until then, officers will be governed by instructions 
from the War Department and General Orders No. 27." 
Very respectfully, your obedient servant, 
(Signed) R. C. DRUM, Assistant Adjutant General, 
A true c<)i)y : 

R. C. DRUM, Assistant Adjutant General. 



EEPORT ON CAMILLA DIFFICULTY. 



HEADQUARTERS DEPARTMENT OF THE SOUTH, 
Atlanta, Gkokgia, Octoln-r 3, 1808. 
General U. S. Grant, Coynmandlng U. S Army, Woshhigton, D. C : 
Sir: — You have been apprised, that on rowivino; intelligence of 
the disorders occurring in this State on the 19th instant, at ramilJa, 
in Mitchell county, that I at once had troops in readiness, to meet any 
call of the civil authorities, sucii as are leferred to in the letter of in- 
structions from the General-in-Chief of date August 2o, 1808, and 
that at the same time, I dispatched Captain Mills, a most reliable and 
intelligent officer on whose cool sound judgment and freedom from 
any prejudice or party bias I could depend,' to investigate thoroughly 
and report the facts in the case. 

The affair passing off with the riot or rather collision of the 19th 
instant, and no call having been made on me, the Legislature, (as I 
think properly) declining the request of the Governor to authorize 
him to make the call, no troops were sent. The report of Captain 
Mills was yesterday received, and after its perusal 1 deemed the only 
thing for me to do, was to transmit it to the Governor of the State, 
the officer with whom I am required to communicate and to assure 
him, that in any measures that might be taken by the civil authori- 
ties in the investigation of the affair and punishment of derelict civil 
officers or citizens, that in case he met with resistance, or he or they 
found themselves unable to execute the laws I was prepared on being 
so informed to aid and co-operate with him to the fullest extent o^ 
the force under my command. 

My letter to the Governor, the report and accompanying docu- 
ments of Captain Mills, are herewith forwarded by the hands of Cap- 
tain C. McKibbin, U. S. Army, and I should be pleased to receivo 
any comments thereon, which yourself, the Honorable Secretary of 
War, or the President may please to make. 

I deem it proper to add,^ that in a few days I shall distribute tho 
troops in the Department, with a view of '''aiding the civil authori- 
ties to keep the peace" during the approaching Presidential election. 
Very respectfully, your obedient servant, 

(Signed) GEORGE G. MEADE, 

Major General. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 

HEADQUAUTEK.^ DEPARTMENT OF THE SOUTH, 
Atlanta, Oa., October 3, 1808. 
To His Excellency, B. B. Bullock, Governor of Georgia. 

GovERNOU:— Enclosed you will tind a printed copy of the instructions 
sent to me from the General-in-Chief, for my guidance in determining 
when and how the forces under my command may be used to "preserve tlia 
peace."* You will perceive they require not only that the call muat bemadt 

• See Circular Letters of August 25 and October 1, 1863. 



80 

b)' some Marshal or Sheriff, but that this call must be made in accordance 
with law, and that the application, with the facts in the case, should be 
sent, if i)ra(tic.ible, to the President of the United States for his orders, 
before action is taken, and action can only betaken by any subordinate 
ofH<er on an emergency justifying him, for which be will be held to a 
strict accountability. 

The laws referred to in tbese letters of instruction having been enacted 
at periods when the present anomalous condition of affairs, at this time 
existing in the several States of this Military Department, was never an- 
ticii)ated. They do not provide that i)rompt and summary action which, 
in cases of riot and unpremeditate<^l disorder, is so necessary for its imme- 
diate suppression, and they throw directly and entirely on the Marshal or 
Sheriff the duty ot initiating the process by which military aid can be 
given to -preserve the peace." As much latitude may be given to this 
expression, "presers ing the peace,'' ami to guard against unnecessary or 
impro[)er and illegal use of the United States troops, subordinate officers 
are enjoined in all cases to obtain, if practicable, from their superiors the 
authority to act when called on. These remarks are made to explain to 
you my course in the recent occurrence at Camilla, in this State. The 
moment I received intelligence of the difficulty, I directed troops to be 
held in readiness to meet any legal calls from the properly constituted au- 
thorities, and I, at the same time, dispatched an intelligent and reliable 
officer, in whose judgment I had implicit confidence, to make an investi- 
gation, and report to me the facts obtained. The report of that officer, 
Captain William Mills, 16th Infantry, with accompanying affidavits, is 
herewith forwarded for your (^on>ideration, and such action as you may 
deem proper; making the following remarks, which may be deemed per- 
tinent in view of the delicate duty devolving on me, and ray future action 
in similar cases : — 

1. I consider the conduct of Messrs. Pierce and Murphy in the highest 
degree reprehensible, if not subjecting them to an action at law, whilst T 
waive the question as to whether your proclamation referred to such as- 
semblages as met together at Camilla. Whilst [ acknowledge the Con- 
stitutional right ot every citizen to bear arms for a peaceable purpose, I 
must insist that when a civil officer, charged with the preservation of the 
peace, commands or requests <Mtizens to put away arms on the ground 
that unless they do so, he cannot protect them, that it is the duty of every 
good citizen to yield to the mandate of the law officer, whether that officer 
be acting from right or wrong motives, or whether his action is strictly 
and technically legal or not; for it is evident that in the existing condi- 
tion of tne public mind, if individual citizens are determined to put their 
construction on laws and maintain them by force of arms, that collision, 
riot and bloodshed are inevitable. Therefore, in my judgment, it was the 
duty of Messrs. Pierce and Murphy, as the principal parties, to have 
counselled and urged compliance with the mandate of the Sheriff, and held 
him responsible afterwards for any assumed authority he may have exer. 
cised. The strongest evidence ol this is to be found in the report of Cap- 
tain Mills, in which he states that after the riot commenced, it ended in a 



81 

ftw minutes, by the fleeing of the negroes, who composed the mass of the 
meeting, showing their arms were utterly useless, and might just as well 
have been left, lor all the ability it gave them to maintain their Constitu- 
tional rights. 

II. The conduct of the Sheriff, in returning to Camilla and organizing 
n posse to meet a riot he seemed determined to believe would occur, 
would seem to indicate he had more knowledge of an intention to break 
the peace on the part of the citizens of the town than those holding the 
meeting, andthat his conduct was such, as to subject him to the grave 
suspicion, that, under the gui-e of the law, and his duty, he was a p.trty 
to the wanton and unnecessary destruction of life which subsequently 
ensued. For there is no evidence that after all resistance was over, and 
the negroes were flying in terror, that the Sherifl' made any efibrt to con- 
trol hh posse, and prevent them from continuing till night fall and for 
miles from town, wounding and killing the fugitives. '1 his is a grave and 
serious charge— almost too terrible to believe— and I should be most ^lad 
to resist the conclusions which have forced me to believing it, but there is so 
much prima-facie evidence as not only to warrant but to demand — that 
sucn legal action, as the code of the State authorises, should be immedi- 
ately taken, and an investigation according to the forms of law be had, 
and all guilty parties, whether sheriff, coroner or citizens, should be either 
acquitted, or if found guilty, punished with the severest penalties the 
Statutes admit. And now I come to the material part of this communi- 
cation. There were no troops at Camilla, not only because no necessity 
for their use was anticipated, but because the place is one so remote and 
obscure, that had I have been distributing troops, they would never have 
been sent nearer than Albany, some thirty miles distant; but supposing 
troops had been present, you can readily perceive how embarrassing 
•would be the duty of the oflicerin command, unless he was better posted 
up in local matters than it is reasonable to believe he would be; for in this 
case, the testimony would seem to point to the civil otticer, whom he is in- 
structed to obey, as the very one who U apparently most guilty. I refer 
to this because I am repeatedly applied to scatter and distribute the 
troops, to which T have replied, that 1 have not the force to occupy every 
village in the State, that the conditions under which the troops can act.re- 
quires the soundest discretion and good judgment, which all subordinate 
ofticers do not possess, and that I deem it better to hold the troops ready 
in masses, to intervene in large bodies when the proper time comes; and 
if the riot at Camilla had continued, or had been followed by retaliation 
on the part of the colored population, I would at once have sent sufii- 
cient troops to have restored order. And I beg now to say to you, that it 
in taking the action to investigate this matter and punish the guilty 
therein, if you report to me any difficulty in executing the decrees of 
Courts, or in serving the processes of the sheriffs and others, I am pre- 
pared to sustain the law officers of the State to the fullest extent of the 
military power under my command. 1 have no authority to act indepen- 
dent of the civil authorities, and the laws must be adhered to where- 
ever they are defined ; but it in executing these laws, you or your sub- 



82 

ordinate officers meet with resistence more than you can overcome, I ara 
prepared, on being so advised, to use all my power to >ustain you. Per- 
haps the announcement of this f;ut may remove some delusions, and liave 
the effect to i)revent in future, occurrences like the one at Oamilhi— an af- 
fair I trust there will he no delay in investigating, and punishing the 
guilty, and to aid the a -tion of any officer charged with this investiga- 
tion, is the object of sending to you Captain Alill's report and accompa- 
nying documents. 

Very respectfully, vour obedient servant. 

' (Signed) GEOKGE G. MFADE, 

Ilajur General U. S. A. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 



McPhfrsox Bakracks. Atf.anta, Georgia, September 20, 1S68. 
Brevet Brigadier General B. C. Drum. Assistant Adjutant General, 

Department of the South, Atlanta, Georgia: 

Gknekal: I have the honor to report that in compliance with para- 
graph VI [ of Special Orders No. 44, current series from Headquarters 
Department of the South. I proceeded to Camilla, Mitchell county, Geor- 
gia, on the 2od instant to investigate the occurrenc(^s at that place on the 
19th instant. 1 respectfully report as tollows: 

A few days previ-His to the IDtli instant, notices were circulated in 
Dougherty and Mitchell counties that a Republican meeting would be 
held at Camilla, Georgia, on that day, and that W. P. Pierce, a candidate 
for Congress for that district, John Muri)hy, candidate as elector for the 
district, '1\ F. Putney and others woidd address the meeting; that pur- 
suant to that notice, a number of colored peoi)le from the plantations l>e- 
tween Albany, Georgia, and the neighborhood of Camilla, proceeded in 
f» body to that place, accompanied by musicians in a wagon. This 
crowd niunbered from two to three hundred colored people, about one 
half of whom nuiy have carried fire-arms of different description-; that 
when within from two to three miles of Camilla, they were met by M. S. 
Poore,the Sheriff of Miti^hell couiity, accompanied by four or tivecitizen* 
of Camilla, who protested against their entering the town with arms, 
claiming that in accordance with a late proclamation of the Governor, he 
was empowered to demand that they do not enter the town witli arms. 
This demand of the Sheriff was replied toby Messrs. Pierce and Murphy 
in behalf of the crowd, by their stating that they were not an orgaitized 
body and in no way under the control of any one leader; that the per- 
sons with arms carried them of their own accord, and assured the Sheriff 
and citizens of Camilla with him, that they were going to Camilla for the 
pur{)Ose of attending a political meeting, and that their intentions were 
peaceable, and without intent to disturbe the peace of the i)lace. I would 
respectfully call your attention to the enclosed affidavits of W. P. Pierce, 
John Muri)hy, T. F. Putney and M. S. Poore, Sheriff of Mitchell county, 
for a full understanding of what took place between the Sheriff and the 
Ireedmen at this time. 

yronj the ailiduvit it will be seen that he considered the attitude of the 



83 

crowd approaching the town of snch a character as to induce hinn to re- 
turn to town and prepare the citizens agtiinst attack by directing them 
as a possee to have their arms ready in case lie should call upon them to 
assist him in preserving the peace. 

I have been unable to obtain any evidence that these colored people 
going to Camilla on that day were either instrueted or advised by any 
one to carry arms with them, either for purposes of <]elence or violence, 
or that they senou>ly ex]>ected interruption in holding their meeting, 
although from some of the enclosed affidavits it is alleged that one 
James Johns, a white citizen of (Jamilla. had fre(iuently ^aid that no Ke- 
publiean meeting sliould be held in Camilla, and that on this day, thi3 
man Johns, armed with a gun, met the crowd some three miles Irom 
town and told them that they should have no meeting or speaking 
at Camilla, and that if they come into town they would be hurt. Upon 
the crowd entering the town en route to the Court House, they are met 
by this man Johns, who is intoxicated and armed with a gun ; he is bois- 
tcrous and angry in hi> manner, and orders the musicians in the wagon 
to cease playing; his orders are not obeyed. In some ot the enclosed atfi- 
daNit" it is stated that he then tired his gun at the people in the wagon; 
by others, that his gun was discharged accidentally and not in the direc- 
tion of the wagon. However, this may be, the result of the discharge of 
this man's gun, was immediate tire Irom both colored people and citi- 
zens of the place. It is admitted by all persons that this man's gun was 
the first one tired; that it was discharged without provocation. In con- 
versation with citizens of Camilla, this man Johns was described to me 
as a drunken and dangerous man and frequently in difliculties, and one 
whose acts they deprecated, and that on that day he was intoxicated. 
Under these circumstances it can not but be considered neglectlul on the 
part of the Sheriff" in not seeing that this man Johns was kept out of the 
way on that day, particularly as he was drunk, and as he, the Sheriff, ap- 
pears to have apprehended so much trouble from the approaching crowd 
and the excitement existing among the citizens of the place. 

For a full understanding of tne occurrences Irom the time the Sheriff 
met the crowd advancing on the road to town until the tiring commenced 
and its results, I respectfully call attention to the enclosed affidavits of 
both citizens of Camilla and persons who went there to attend the meet- 
ing. As far as it was possible to learn the casualties on that day, were as 
follows: 9 kille I, colored ; from 25 to 30 wounded, colored, several slight- 
ly ; (> citizens of Camilla, white, wounded, none severely. 

From the enclosed statenient of parti<^ present, it will be seen that the 
firing in town did not continue many minutes, but that the colored peo- 
ple fled to the adjoining woods, and that they were pursued by the citi- 
zens as a possee ol the Sheriff, some of them mounted and some on foot, 
and that tiring of guns was heard through the woods during the balance 
of the day. The Sheriff" in his affidavit states that three colored men were 
killed one mile fnmi the town. 

I have been unable to tind any proof that the colored people who went 
that day to Camilla were advised by any of the white men who accom- 



84 

panied theiu, and who were to address them, eitlier to go armed for defenc 
or violence, but that on the contrary the enclosed affidavits show that 
Messrs. Pierce, Murphy and Putney all advised and impressed upon 
them that they should be peaceable and law-abiding in all their acts, as 
they were meeting at this place. Camilla, in the exercise of their rights 
as citizens of the United States. 

That the citizens of the town of Albany were in any way implicated 
or connected with the occurrence at Camilla on the 19th instant, is in no 
way proven. It is explained in the affidavit of the Sherift' of Mitchell 
county that notice of some colored people having left Albany on the 
evening of the ISth instant tor Camilla, was received by him through a 
person living in the adjoining town of Newton. This is in no way de- 
nied, as by reference to the affidavit ot Pet-^r Hines, the leader of the 
band, it will be seen that the musicians with other Ireedmcn, let t Albany 
on the evening of the isth inst, J herewith transmit the proceedings of 
the citizensof Albany, Georgia, held on the21st inst., and would state that 
intormation w'as freely tendered me i)y all parties. I was accompanied 
by Brevet Major {>. H. Howard, sub-Assistant Commissioner Bureau 
Refugees, Freedmen and Abandoned Lands, from Albany, Georgia, to 
Camilla. Georgia, and from what T could learn, the colored people and 
whites wore peaceably disposed towards .,ach other. 

In my investigation of this matter I was materially assisted by Alajor 
Howard, and upor\ my arrival at Camilla, the citizens of that place ap- 
peared desirous that the occurrence on the IDlh instant should be inves- 
tigated. Up to the date of my visit there, no action had been taken in 
this matter by the civil authorities of the county, nor had any inquest 
been held over the bodies ot those killed. 

\'ery respectfully, your obedient servant, 

(Signed) WM. MILLS, 

Captain \iith Infantry. 
A true copy: 

R. C. DRUM, Assistant Adjutant General. 



Eeporting Condition of Affairs in North and South 

Carolina. 



HEADQUARTERS DEPARTMENT OF THE SOUTH, 

Atlanta, Georcjia, October 17, 1868. 

Brevet Major General John A. Raivlinsi, Chief of Staffs Head- 
quarters of the Army,, Washington, D. C. : 
Genkral: — I transmit herewith several communications from the 

Governor of South Carolina, and one from the Governor of North 



85 

"Carolina in relation to the use of troops, in sustaining the civil gov- 
ernments in these States. Similar communications, both verbal and 
written, have been presented by the Governor's of Georgia, Alabama 
and Florida. The sum and substance of all these communications 
are, that the present state governments in these states, are [)Ovverless, 
and without the support of the military forces of the United States, 
are unable to exercise their functions or execute the laws. The en- 
dorsements on the enclosed communications, as well as my correspon- 
dence with Major General Miles, commandingin North Carolina, (]«&2) 
forwarded in my letter to the Adjutant General of the Army, of date 
the 9th instant, will fully explain my position on these questions. In 
brief I have informed the several Governors, that I can find nothing 
in existing laws or the instructions sent for ray guidance, which will 
justify my answering their call, which really means, that I should as- 
sume the government of the several states, employing the civil officers 
backed by military power ; that my sole and exclusive duty is to 
preserve the peace, and that only, after it is evident the civil power is 
unable so to do, and calls on me in the manner prescribed by existing 
laws; that whenever the civil authorities, in their attempts to exe- 
cute the laws, meet with resistance greater than they can overcome, 
and appeal through the proper channels to me, I will see they are sus- 
tained. 

Recently, I have visited Columbia, S. C, and had a very full 
interview with Governor Scott of that State. From the represen- 
tations of Governor Scott, I became satisfied there is practically, no 
government in South Carolina, that what with those officers who from 
want of sympathy with the State government and its origin, refuseio 
act, and those who though in full sympathy with the party in power a7-e 
afy^aid to act, there is in reality, no government at all. I informed 
Governor Scott, as I had informed others, that I did not see any rem- 
edy for the evil, short of congressional action, that until some of his 
officers had the courage to attempt to do their duty and met with re- 
sistance, it was not in my power to take action. Before seeing 
the Governor, I had previously ordered a distribution of the troops in 
the state, with a view of preserving the peace on the day of the Pres- 
idential election, and I furnished him with a copy of my General Or- 
der No. 27, which would shew him all I felt authorized to do. As to 
the introduction of arms, of whioh so much complaint is made, I re- 
ferred him to my endorsement to Bvt. Brigadier General Bomford. (3) 

Whilst in Columbia, I had interviews with several prominent men 
of the Democratic party, who acknowledged the whites in the state 
were arming, but disavowed any intention of resisting either the 
State or General Government; but said the arms were to defend their 
homes and families, in case of a negro insurrection which they deemed 
imminent from the incendiary appeals made to the negroes by politi- 
cal and partisan agents. 

It was impossible to form any correct judgment from the very op- 
posite statements made by each party. It was evident there was a high 
state of political animosity and an averred fear on each side that the 
other was about to initiate a resort to force, but I have reason to be- 
lieve my General Order No. 27, together with the distribution of 
troops, and the expressed determination on my part to intervene to 
preserve the peace, may have the effect of quieting some of the appre- 
hensions of both parties. 



86 

The object of this communication is to report the existing condition 
of afiairs, my action on the appeals made to me and my views of the 
situation, to ask for the approval or disapproval of superior authori- 
ty, and to state that if there is any serious determination, to resist, or 
overthrow the present state governmenls, or if I am expected to give 
them the aid and support, without which they seem to be unable to 
stand, that my p'-esent force is entirely inadequate to the duties I will 
be called on to discharge. 1 do not myself believe there will be any 
open resistance to the State Government, and most certainly none to 
the General Government; but I have no doubt that every cflbrt will be 
and is being made, within what is considered the strict letter of the 
law, to paral3'Se and render impotent the several State Governments, 
and that in states like South Carolina, where the intelligent and ac- 
tive population, the whites, are almost unanin)ous against the govern- 
ment, it will be impracticable to maintain the same without military 
aid from the general government. 

Should the General-in-Chief not have returned to Washington on 
receipt of this letter, I beg the same may belaid before the Honorable 
Secretary of War. 

Very respectfullv, your obedient servant, 

(Signed) GEOKGE G. MEADE, 

Major General U. S. A, 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 

HEADQUARTERS DEPARTMENT OF THE SOUTH, 

Atlanta, Georgia, September 29, 18f)8. 
Brevet Major Genei^al N. A. Miles, Commanding District of North 
Carolina, Raleigh, N. C. : 

General : — I have the honor to acknowledge the receipt of your 
letter of the 25th instant, enclosing the affidavit of a citizen, affirm- 
ing there are a large number of arms secreted at a political club-room, 
at Wilmington, N. C, and requesting authority to seize them. 

The Commanding General s^es nothing in your letter to change 
his decision sent you by telegra};h on the 26ih instant, a copy of 
which is herewith enclosed. There is no evidence to show these arms 
are to be used for improper purposes, nor is there any that the civil 
authorities, now charged with the preservation of order, have made 
any effort to ascertain whether these arms are being collected for im- 
proper purposes, or if so, to seize them ; nor is their evidence of any 
failure on the part of the civil government to accomplish this, or any 
call on the military for aid in consequence of such failure. 

The General thinks you do not properly conceive the position 
now occupied by the military power, and invites your attention 
to the circular letter of August 25th last, and the copies of pajiers fur- 
nished you on the 15th instant, containing the instructions of the VV^ar 
Department and the opinion of the Ait«»rney General of the United 
States, on the exercise of civil and military power. 

The General does not see the application of section six (6) of the 
Act of March 2, 1867, to the case in point, as the act refers to organ- 
ized militia. In his opinion, the proper course to pursue is, if th^ 



87 

storing of these arms is judged to be a violation of any United States 
law, to subiiiit the evidence to the United States District Attorn(?y, 
who should proceed t«> seize them aecDrding to law. If they are ad- 
judged as violating any State or municipal statute, then the proper 
prosecuting officer should take action. Whenever such action is la- 
ken, and said officer is resisted and reports his inability to carry out 
either the United States or Siatc law, then, and not till then, will the 
Commanding General consider himself justiiied in interfering. 

Very respr-ctfully, j'our obedient servant, 
(Signed) R. C. DKUM, Assistant Adjutayit Genei-al. 
A true copy : 

R. C. DRUM, Assistant Adjutant General. 

HEADQUARTERS, DEPARTMENT OF THE SOUTH, 

Atlanta, Georgia, September 26, 1868. 
Major General N. A. Miles, U. S. A., Raleigh, N. C: 

The commanding General directs that you report the fact stated in 
your telegram, of this date, to the proper civil authorities, and sea 
what action they take in the matter. 

(Signed) R. C. DRUM, 

Assistant Adjutant General. 
A true copy : 

R. C DRUM, Assistant Adjutant General. 

IS] 

Ejidorsement on a communication representi7i(/ thai armed or ga,niza turns 
exist in the State of South Carolina, forwarded, endorsed, by Brevet 
Bripadier General J. V. Bomford, commanding District of South 
Carolina. 

''Respectfully returned to Brevet Brigadier GeneralJ. V. Bomford, 
U. S. A., commanding District of South Carolina. As presented, 
this case is not one that the Commanding General can take action on. 
There is no evidence showing that the arms are held by the parties 
referred to for unlawful purposes, nor that the civil authorities have 
taken any action to ascertain and determine this fact; and, if held for 
improper purposes, to seize them, or any evidence that the attempted 
seizure has failed. The Governor should be clearly informed of the 
position now occupied by the military power, which is set forth in 
the Circular Letter of August 2oth last, and the instructions of the 
War Department, and the opinion of the Attorney General 
on the power of the civil and the military, furnished on the 
fifteenth of September. In the General's opinioti the proper 
course to pursue, is, that if the alleged organization is judged 
to be a violation of the National law, the evidence in the case 
should be sent to the United States District Attorney, who should 
take the necessary legal steps to disarm them. If it is adjudged as 
violating the State, or municipal law, then the proper prosecuting of- 
ficer should take action. Whenever such action is taken, and the 



88 

proper officer is resisted, and reports his inability to carry ont either 
the United States or State law, then, and not till then, will the Com- 
manding General feel justified in interfering. 

By Order of Major General Meade : 
(Signed) R. C. DRUM, 

Assistant Adjutant OenefaS. 
A true copy : 

R. G. DRUM, Assistant Adjutant General 



The following are the General Orders issued during 

the year relative to Civil Affairs in the 

Third Military District. 



12 



HEADQUARTEES, THIRD MILITARY DISTRICT, 

(Department of Georgia, Florida & Alabama,) 

Atlanta, Georgia, January 10, 1868. 
General Orders 



No. 6. 

I. Whereas, The Constitutional Convention of the State of 
Alabama, recently in session at Montgomery, in that State, 
adopted the following ordinance: 

'^An. ordinance to sfa>/ collection of Debts. 

Be it Ordained by the people of Alabama in Convention As- 
sembled, Tliat when any writ of execution, venditioni eocjiO' 
nus, or other legal process, req"iring the sale of property, shall 
be, or has beenissued from any court of this State, it is made 
the duty of the officer to whom delivered for collection, to re- 
turn the said writ or other process to the proper court, with 
his endorsement thereon, 'Returned by opeiation of Law,' 
dated and signed by him. '1 his ordinance to remain in full 
force until the 1st day of January, 1869; Provided, This ordi- 
nance shall not apply to judgments in favor of laborers and 
mechanics for services rendered since July 21, 1865." 

Ap.d Whereas, the passage oi this ordinance which was in- 
tended to afford relief to debtors in tliat State has, on the con- 
trary, caused increased distress to ihem by occasioning very 
numerous atlenqits to evade its provisions by forcing sales un- 
der execution in tlie interval between the time of its passage 
and of its taking efiect; and whereas, such sales, in the pres- 
ent unsettled condition of affairs in the State of Alabama, and 
in consequence of the low price of cotton, result in such sac- 
rifices of pro])erty as are ruinous to debtors and of but little 
benefit to creditors ; and ivhereas, the i)eople of that State 
have no method of enforcing their will, as expressed in said 
ordinance, until after the ratitication of the constitution 
franif^d by said convention which has been submitted to them 
for their ratification or rejection on the 4th day of February 
next. 

II. Therefore, by virtue of the plenary powers invested by 
the reconstruction acts of Congress in the Commanding Gen- 
eral of the Third Military Distiict, and for the temporary re- 
lief of the people of the State of Alabama ; 

It is ordered: That said ordinance shall from this date be 
deemed to have taken effect in said State and shall continue 
in full force and validity, until the result of said election on 
the ratification of said constitution shall have been ascertained 
and published from these Headquarters ; the force of this or- 
der then to cease should said constitution be rejected. But 
should said constitution be adopted by the people, this order 
shall continue in force until such constitution shall have been 



91 

submitted to Congress for examination and approval as pro- 
vided for in said reconstruction acts, and until Congress shall 
have approved or rejected said Constitution. • 

III. It is further directed that this order be respected and 
obeyed by the several civil officers, Judicial and otherwise in 
the {State of Alabama. 

By order of Major General Meade : 
(Sii^ncd) K. C. DKUM, Assistant Adjutant Genera'.. 

{Orders, of a similar character, were issued for the States of 

Georgia & Florida.) 

HEADQUARTERS THIRD MILITARY DISTRICT, 

{Department of Georgia, Florida and Alabama.) 

Atlanta, Georgia, January 15, 1868. 
General Orders, 



No. 10. 

The frequency of reported outrages, and the accompanying 
expression of opinion of subordinate otiicers, that no justice 
is to be expected from the civil authorities, require notice and 
action on the part of the Major General Commanding. 

I. The Commanding General desires it to be understood 
th-it the trial and punishment of criminals is to be left to the 
civil autnorities, so long as the said authorities are energetic, 
active, and do justice to the rights of person and property 
without distinction of race or color. Whenever the Major 
General Commanding is satisfied from evidence produced that 
the civil authorities fail to do their duty then prompt action 
will be taken by him both for the punishment of crimmals 
and the removal from office of derelict civil officers. 

II. The military are to co-operate with, and aid the civil au- 
thorities in the detection, capture, and custody of criminals, 
and they are further authorized in cases where they have rea- 
son to believe the civil authorities are not disposed to do tneir 
duty, to retain criminals in custody until the fact becomes 
evident whether the civil authorities will, or will not perform 
their duty— immediately reporting their acton on all such 
cases to tliese Headquarters. ^ , . ^, 

III._\Vrits of habeas corpus issued agamst criminals in the 
custody of the military will be obeyed so far as to produce the 
body of the prisoner in court, and the making of a respectful 
return setting forth the grounds and authority by which the 
prisoner is held— should the court fail to respect the authority 
under which the prisoner is held— the custody of the criminal 
will not be transferred to the court without a reference to these 
Headquarters. 

IV. The Major General desires to impress on the officers 
under his command the exercise of a sound discretion and 
good judgment. It is his determination to afford the civil 
authorities every opportunity to discharge their duties un- 
trammelled by any action on the part of the military, but 
such as they, the civil authorities, may invite and desire. He 



92 

makes this public notice to the civil authorities tliat tliey raay 
be governed tliereby — assuring tiieni tliey shall be respected 
in the exercise of their powers so long as impartial justice is 
meted out to all ; but the Commanding Gerieral is determined 
to exercise to the fullest extent the plenary powers with which 
he is entrusted to secure protection of persons and property in 
the District he commands. 
By order of Major General IVIeade : 

(Signed) R. C. DEUM, Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

[Department of Georgia^ Florida and Alabama.) 

Atlanta, Georgia, February 2, 1868. 
General Orders 

No. 22. 

Numerous applications having been made to the Major Gene- 
ral Commanding, relative to the jirovisions and the execution 
of General Orders No. 49, series of 1867, from these Headquar- 
ters, and being satisfied from reports and representations that, 
in some instance's, the operations of the order have proved 
embarrassing and of an effect not designed when it was issued 
— the intention having been to prevent by prompt and ener- 
getic action the use of ofiicial patronage to obstruct, binder 
and delay reconstruction under the Acts of Congress — he 
therefore directs that the aforesaid order be modified to read 
as follows : 

I. — The giving of all advertisements and other official pub- 
lications heretofore or hereafter to be provided for by State or 
municipal laws or ordinances, by the civil officers whose duty 
it is to cause such i^ublications to be made, is prohibited, to 
such newspapers and such only, as attempt to obstruct in any 
manner the civil officers appointed by the military officers in 
this District in the discharge of their duties by threats of vio- 
lence, of prosecution or other penalty as soon as the military 
protection is withdrawn for acts performed in their official 
capacity. 

II. — If in any of the counties in either of the States in this 
District, there be but one newspaper published, civil officers, 
whose duty it is to advertise in accordance with law, are au- 
thorized to advertise in said paper regardless of the provisions 
of paragraph I of this.order. 

III. — All officers in this Military District, whether military 
or civil, and all boards of registration, or other persons in the 
employment of the United States under military jurisdiction, 
are directed to give prompt attention to the enforcement of 
this order. Opposition to Reconstruction, when conducted 
in a legitimate manner, is not to be considered an offence ; but 
will be so considered when accompanied by violent and in- 
cendiary articles threatening the preservation of the peace, or 
by attempts to obstruct civil officers, as indicated in paragraph 



93 

I of this order. Should any civil officer violate the provisions 
of this order, the case will be promptly reported to these Head- 
quarters. 

IV.— This order is not to be construed as aflecting advertise- 
ments being published at the date of the onier. or prior to its 
receipt by the civil otficer who is aflected thereby. 

By order of Major General Meade : 

R. C. DIIUM, 

Assistant Adjutant Oeneral 



HEADQUAETEES THIED MILITAEY DISTEICT, 

{Department of Georgia, Florida and Alabama.) 

Atlanta, Geokgia, Febrnary 22, 1868. 
General Orders, 



No. 27. 

I. The Constitutional Convention of the State of Georgia, 
now in session in the city of Atlanta, adopted on the 19th day 
of February, 1368, the following preamble and resolutions : 

Whereas, The Convention has determined that there shall 
be no imprisonment for debt in the State ; and wherea.-;, cr«.'d- 
itors are oppressing debtors by th*^ use of what is know^n as 
" Bail Process'' and writ of ca. sa., I'herefore, 

BeHolved, That in the opinion o'* this Convention, said pro- 
ceedings are contrary to the wish of tlie people of this State. 

Resolved, That the General Comnianing this District, is 
hereby ref^uested to protect, by order, the people of this State 
from the evil above set forth, and that such order remain, in 
force, until such time as the people have expressed their will 
in regard to the Constitution. 

II. Therefore, by virtue of the plenary powers vested by the 
Reconstruction Acts of Congress in tlie Commanding General 
of the Third Military District, and for the purpose of giving 
effect to the wishes of the people of Georgia, as expressed by 
their delegates in CouA^ention, 

It is ordered: That imprisonment for debt is prohibited in 
the State of Georgia, and hereafter no bail process in civil 
cases or writ of ca. sa. shall be issued out of any of the courts 
of this State. 

III. Every person now in prison in this State under any 
such process or writ, will be immediatelj^ discharged from 
prison. 

IV. This order to remain in force until the people of Geor- 
gia shall express their will in the manner provided by the 
Acts of Congress in regard to the constitution to be subniitted 
to them by the said Constitutional Convention, or until fur- 
ther orders from these Headquarters. 

By oeder or Major General Meadi: : 
(Signed) E. C. DEUM, 

Assistant Adjtdatd General. 



94 

HEADQUABTERS, THIRD MILITARY DISTRICT, 

{Department of Georgia^ Florida & Alabama,) 

Atlanta, Georgia, February 25, 1868, 
General Orders 

No. 29. 

T. Whereas, the Constitutional Convention of the State of 
Florida on the 21st day of February, 1868, n.dopted the follow- 
ing Ordinance : 

Be it ordained. That this convention does hereby levy and 
assess a tax of one sixth of one per cent on all the taxable 
property of the State, for the purpose of defraying the exi)en- 
Bes of this convention, and the compensation of officers and 
members thereof, and it shall be tlie duty of the Tax Collec- 
tors of the several counties of this State to collect the tax so 
assessed on or before the tirst day of January, A. D., 1869, and 
to pay the same to the Treasurer of the Stat(; immediately'^ up- 
on the collection thereof, and tliat the collectors shall collect 
the same in accordance with the laws of the State of Florida 
for the collection of State taxes. 

Sec. 2. Be it further ordained, That the Comptroller shall 
issue to the Tax Collector all necessary orders for the collec- 
tion and payment of the taxes albresaid, which order shall be 
binding upon said Tax (,\)llectors. 

Sec. 3. Be it further ordained. That the Tax Collector shall 
receive the same per cent as they are now allowed by law for 
collecting the State tax. 

See. 4. Beit further ordained. That the Governor of this 
State is hereby empowered and authorized to issue Bonds 
bearing eight i)er cent interest per annum, payable on the 1st 
day of March, A. D., 1869, in such sums as he may deem ex- 
pedient, not exceeding in amount thirty thousand dollars, 
which shall be redeemed out of the proceeds of said special 
tax when collected, and the Financial Agent for the purpose 
of defraying the immediate expenses of this convention is 
hereby em})owered to dispose of the said Bonds and to pay 
fiom the proceeds thereof such accounts as may be audited by 
the Finance Committee, and deposit the balance, if any, with 
the Treasurer of the State. 

Sec. o. Be it further ordained, That the Governor of the 
State of Florida, is hereby requested, authorized and directed 
to issue certiticates of indebtedness to the full amount of ten 
thousand dollars, which certificates of indebtedness shall (be) 
receivable for the tax levied under this Ordinance and all 
State dues. Said certificares shall bear the impress of the seal 
of the State Treasurer, and shall be in such amounts as the 
Governor may deem expedient. 

II. Therefore, by virtue of the plenary powers vested by 
the Acts of Congress in the Commanding General of the 
Third Military District— 

It is ordered, That all of said Ordinance, except what is 
contained in these words of the fifth Section thereof, ^^and all 



95 

State dues,^^ is approved and directed to be carried into execu- 
tion, as in said Ordinance provided. 

III. Tlie certiflcates of indebtedness provided to be issued, 
as above, shall be paid out only on account of the expenses of 
said Convention and the compensation of the officers and 
members thereof, and all of such certificates that may not be 
received in payment of said special tax, shall be redeemed out 
of the proceeds of said special tax when the same shall have 
been collected. 

By order of Major General Meade : 

(Signed) K. C. DliUM, 

Assistant Adjutant General 



HEADQUARTERS THIRD MILITARY DISTRICT, 

{Department of Georgia, Florida & Alabama.) 

Atlanta, Georgia, February 28, 1868. 
General Orders, \ 

No. 31. f 

I. The commanding General having received information 
through official sources that, in some instances, the courts 
and officers charujed with providing for the support of pau- 
pers, and with the care of persons entitled to the benefits of 
public charities in this District, refuse such support and bene- 
fits to persons of color, it is therefore 

Ordered, That all the civil courts and officers in the several 
States constituting this military district, whose duty it is made 
by law to provide ibr the relief of paupers, shall extend relief 
to all persons entitled to claim, and claiming the same as pau- 
pers, without any discrimination as to race or color; and that 
in all the public 'institutions of said several States, supported 
by legislative appropriation or taxation, for the benefit ot the 
Deaf and Dumb, the Blind, or the Insane, indigent colored 
persons shall be received on the same conditions and enjoy 
all the benefits which white persons are entitled to receive 
and enjoy in such institutions. 

By order of Ma]or General Meade : 

(Signed( R. C. DRUM, 

Assistant Adjutant General, 



HEADQUARTEES THIED MILITARY DISTRICT, 
{Department of Georgia, Florida and Alabama.) 

Atlanta Georgia, March 18, 18G8, 
General Orders ^ 

No. 44. j 

Whereas, The laws of Alabama provide that the Sheriff of 
a county shall be entitled to receive fifty cents per day, for 
victualling a white prisoner in jail, and forty cents for victu- 



96 

ailing a colored prisoner in jail, and as like discriminations 
may exist iu the other States in this District : it is hereby or- 
dered : 

I. That from this date, in the several States composing this 
Military District, tlie Sheriff, Jailor or other person entitled 
by law to receive fees for victualling or dieting prisoners in 
jail, shall receive the same fees or compensation for victual- 
ling or dieting a colored prisoner in jail, as is allowed by or 
under the aatliority of law, for victualling or dieting a white 
prisoner in the same jail, and to be paid for in like manner. 

II. That in all the jails, penitentiaries and other prisons in 
this District, colored prisoners shall be entitled to receive 
food, the same in quality and quantity, as may be furnished 
to the white prisoners, and that no discrimination as to treat- 
ment shall be made in any respect, among the prisoners on 
account of color or race. This order shall not be construed as 
requiring that white and colored prisoners shall be placed in 
the same cells, but only that the same provisions shall be 
made for the comfort and health of the colored prisoners, as 
may be made for the comfort and health of the white prison- 
ers. 

By order of Major General Meade : 

(Signed) R. C. DRUM, 

Assistant Adjutant General, 



HEADQUARTERS THIRD MILITARY DISTRICT, 

[Department of Georgia, Horida and Alabama.) 

Atlanta, Georgia, March 21, 1868. 
General Orders^ 



No. 47. 

The attention of the Commanding General having been 
called to the frequent breaches of the peace on river boats ; 
and of the failure of the civil authorities to notice the same, 
on the ground that said offences were generally committed 
outside the limits of the county in which the complaint was 
laid; it is therefore ordered. 

That any person who shall commit a felony or misdemean- 
or on board a steamboat or other watercraft plying the navi- 
gable waters within the jurisdiction of any of the States in 
tills District, may be arrested and brought to trial for such 
offence, in any county in said States where the offender may 
be found, before any tribunal having jurisdiction of such felo- 
ny or misdemeanor. 

By order of Major General Meade : 

(Signed) R. C. DRUM, 

Assistant Adjutant General, 



97 

HEADQUARTERS THIRD MILITARY DISTRICT, 
{Department of Oeorgia^ Florida and Alabama.) 

Atlanta, Georgia, April 4, 18G8 

OENERAL ORDERS! 

No. 51. J 

I. The recent assassination at Columbus, Georgia, of the 
Hon. G. W. Ashburn, late a member of the Constitutional 
convention of said State, and other acts of violence and atro- 
city committed about the same time in various parts of this 
District, and the simultaneous publication of incendiary arti- 
cles, and the receipt by many persons of threatening letters, 
indicating a concert of action, by violence and intimidation, 
to alarm and overawe a large part of the population and by 
this means affect the results of pending elections in this Dis- 
trict, all of which acts apparently emanate from a secret or- 
ganization, for no good purpose, which seems to be rapidly 
spreading through these States, make it necessary for the 
Commanding Gv'ueral to warn all persons against the com- 
mission of such acts, the publication of such articles, the 
sending of such letters or connecting themselves with such 
evil organizations, and to assure all the good people of this 
District that he will use all the powers he possesses to piotect 
them in the peaceable enjoyment of their homes and proper- 
ty, and in the exercise of their personal rights and political 
privileges. 

II. He therefore directs all military and civil officers in this 
District, to take the most prompt measures to arrest and bring 
to trial all persons who may hereafter print, publish or in any 
manner give circulation and publicity to such incendiary pa- 
pers or threatening letters, and furthermore to arrest all per- 
sons who may be known to have participated in any such acts 
of violence as above referred to, resulting in breaches of the 
peace and injury to persons or property. 

III. The Commanding General furthermore forbids the con- 
ductors of all newspapers, job printing offices or other presses 
from printing or publishing any articles or papers tending to 
produce intimidation, riot or bloodshed; and any newspaper 
containing any such publications, or press publishing the 
same will be stopped, and its proprietors, editors and other 
parties conected therewith, on being convicted before a mili- 
tary commission will be subject to tine and imprisonment or 
such other penalties as may be deemed suitable to the offence 
committed. 

IV. All public writers and speakers are enjoined to refrain 
from inflammatory appeals to the passions and prejudices of 
the people, and from publishing or saying anything calculated 
to produce breaches of the peace, or to intimidate any persons 
from the exercise of their political privileges. 

V. Military Commanders of Posts, Sheriff's of Counties, 
Mayors and other municipal officers, are hereby required to 

13 



98 

organize patrols, and other means for the detection of such 
persons as avail themselves of the secresy of the night for ex- 
ecuting their criminal purposes. Military Commanders of 
Posts are required to see that this order is duly and faithfully 
executed by the civil authorities within their jurisdiction, and 
to promptly report any failure or unwillingness on the part of 
said authorities, who will be held subject to the penalties at- 
tached to disobedience of the orders emanating from these 
Headquarters. Military Commanders are authorized and di- 
rected, when in their judgment the same may be necessary to 
organize, from the reliable and law-abiding citizens, posses to 
aid in the preservation of law and order in their respective 
districts; the expenses attending the pay and maintenance of 
these posses to be charged to the several counties or munici- 
palities as the case may be. 

VI. The commanding General calls on all good citizens to 
aid in the preservation of the peace, and to assist in the arrest 
and punishment of violators of this order and the criminal 
laws of the State, and he admonishes them that unless acts of 
intimidation and violence are checked and punished, bloody 
retaliation may be provoked, the peace of society endangered 
or subverted, and much innocent blood be shed. 

VIE- The commanding oflicers of all military posts in this 
District, will immediately on receipt of this order, cause its 
contents to be generally made known, and deliver copies 
thereof to all civil officers, editors of newspapers and presses, 
and other parties to be specially aflfected thereby, within the 
limits of their commands. 

By Order of Major General Meade : 

(Signed) S. F. BARSTOW, 

Acting Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

{Department of Georgia, Florida & Alabama.) 

Atlanta, Georgia, April 7, 1868. 
General Orders, 

No. 53. 

The attention of the Major General Commanding has been 
called to the extraordinary course of First Lieutenant Charles 
T. Johnson, 15tli Regiment Infantry, which he deems so im- 
portant as to justify comment in this public manner. 

The facts of the case are, that Lieutenant Johnson, diflTering 
in opinion with Judge B. T. Pope, of the Circuit Court of Cal- 
houn county, Alabama, as to the proper construction of Gene- 
ral Orders Nos. 53 and 55, of 1867— after indicating to Judge 
Pope his views, and the Judge failing to comply therewith, 
proceeded to close the court, arrested the Judge, and, ascer- 
taining that the Clerk of the Court did not agree in his views, 
although no act was charged against him, arrested him also. 



99 

Lieutenant Johnson herein committed two grave errors. In 
tlie first place, had the Judge violated General Orders 53 and 
55, there was no warrant or authority for liis arrt^st by Lieu- 
tenant Johnson. The power of closing courts and arresting 
Judges, is vested alone in the Commanding General of the 
Third Military District, and has not been delegated, by any 
orders, to any subordinate officer. On the contrary, i)aia- 
graph r, General Orders No. 4, series of 1SG7, whilst it requires 
subordinate officers to report all failures of the civil officers or 
tribunals to render equal justice to the people, expressly de- 
clares said civil officers and tribunals are not to be interfered 
with in the discharge of their duties. Lieutenant Johnson 
should have confined himself to calling on Judge Pope for ex- 
planation, and reporting the facts to these Headquarters. His 
assumption of authority to arrest, is deserving of the severest 
censure, and is not justified or palliated by his zeal or consci- 
entious desire to do his duty, both of which the commanding 
General is willing to admit. 




g General can judge from the 
correspondence submitted, the construction of Judge Pope 
was such as has been given at these Headquarters. The ob- 
ject of General Orders Nos. 58 and 55, was not to declare, iis 
seems to be Lieutenant Jolmson'sopinion, thatalljuriesmust 
be in part composed of colored men, and that no jury was le- 
gal unless colored men were impanelled. The object and in- 
tent of these orders was simply to remove the distinction 
which the laws of the States in this District made on the 
ground of color, and to add to the qualifications for jurors re- 
quired by the statute, the additional one that all jurors should 
be registered voters. It does not appear from the papers sub- 
mitted that Judge Pope declined obedience to these orders ad 
thus construed, or that his course was in conflict therewith. 
The Commanding General trusts this public disapproval of 
the conduct of Lieutenant Johnson will have the efiect to 
render all subordinate officers cautious, and to refrain from 
hasty and unauthorized exercise of a power which is only 
vested by law in the highest military officer in the District. 
By order of Major General Meade : 

(Signed) S. F. BARSTOW, 
Acting Asslsiant Adjutant General, 



HEADQUARTERS, THIRD MILITARY DISTRICT, 

{Department of Georgia, Florida & Alabama,) 

Atlanta, Georgia, April 10, 1868. 
General Orders ^ 

No. 57. J 

I. The numerous resignations of Sheriffs of counties in the 
State of Georgia that have recently been tendered at these 
Headquarters, coming on the eve of an important election, 



100 

and when there is not sufficient time to make new appoint- 
ments, makes it proper and necessary for the Commanding 
General to give notice, that such resignations will not be ac- 
cepted, and that Sheriffs who have been so long holding their 
offices at tiie sufferance of the Commanding General, will not 
be permitted to resign until after said election is over ; and 
they are hereby required to continue in the faithful perfor- 
mance t)f their official duties until relieved from the same by 
orders from these Headquarters. Any violation of this order 
will be punislied in the manner prescribed in General Orders 
No. 42, for the punishment of civil officers for disobedience of 
orders. 

TI, Inasmuch as a numerous class of the electors of this 
8tate are, from necessity at present, dependent upon another 
class for employment by which they may earn daily bread for 
themselves and their families, and as numerous complaints 
have been made at these Headquarters, that such laborers 
will be intimidated from voting at the approaching election 
by fear of the loss of emi)loyment ; employers are hereby for- 
bidden any attempts to control the action or will of their la- 
borers as to voting, by threats of discharge from employment 
or by other oppressive means ; and any person who shall by 
such means prevent a laborer from voting as he pleases, or 
shall discharge him from employment on account of his hav- 
ing exercised his privileges as a voter, will, on conviction of 
Buch offence before a miliiary commission, be punished by 
fine or imprisonment, or both. 

III. It is made the duty, as it is certainly the desire of the 
Commanding General, to secure to all the duly registered vo- 
ters in the State of Georgia an opportunity to vote at the ap- 
proaching election *'freely, and without restraint, fear, or the 
influence of fraud," and he calls upon all good citizens to co- 
operate with him in his efforts to have the election conducted 
fairly as required by law. 

By order of Major General Meade : 

(Signed) K. C. DRUM, 

Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

[Department of Georgia, Alabama and Florida.) 

Atlanta, Georgia, April 11, 1868. 
General Orders, \ 

No. 58. j 

I. The uncertainty which seems to exist in regard to hold- 
ing municipal elections on the 20th instant, and the frequent 
enquiries addressed to these Headquarters, renders it neces- 
sary for the Commanding General to announce that said elec- 
tions are not authorized by any orders from these Headquar- 



101 

ters. Managers of elections are hereby prohibited from re- 
ceiving any votes, for any offices except such offices as are 
provided for in the Constitution to be submitted for ratifica- 
tion — tlie voting for wliich officers is authorized by General 
Orders Nos. 40 and 52. 

II. Complaints having been made to these Headquarters by 
planters and others, that improper means are being used to 
cnmpel laborers to leave their worli to attend political meet- 
ings, and threats being made that, in case of refusal, penalties 
will be attached to said refusal : the Major General command- 
ing announces that all such attempts to control the move- 
ments of laborers and interfere with the rights of employers, 
is strictly forbidden, and will be considered, and on conviction 
will be punished, the same as any attempts to dissuade and 
prevent voters from going to the Polls, as referred to in para- 
graph II, General Orders No. 57. 

III. The Major General commanding also makes known 
that, whilst he acknowledges and will require to be respected 
the right of laborers to peaceably assemble at night to discuss 
political questions, yet he discountenances and forbids the 
assembling of armed bodies and requires that all such assem- 
blages shal notify either the military or civil authorities of 
these proposed meetings, and said military and civil authori- 
ties are enjoined to see that the right of electors to peaceably 
assemble for legitimate purposes is not disturbed. 

IV. The wearing or carrying of arms, either concealed or 
otherwise by persons not connected with the military service 
of the government or such civil officers whose duty under the 
laws and orders it is to preserve the public peace, at, or in the 
vicinity of the polling places, on the days set apart for hold- 
ing the election in the State of Georgia, is positively forbid- 
den. Civil and military officers will see that this order, as 
well as all others relating to the preservation of the peace and 
qniet of the counties in which they are acting, is strictly ob- 
served. 

V. The commanding officers sub-Districts of Georgia and 
Florida, will take prompt measures to give publicity to this 
order through the Superintendents of Registration and the 
officers of the Freedmen's Bureau, and will enjoin on the lat- 
ter to instruct and advise the freedmen in their rights and 
duties. 

By order of Major General Meade : 

(Signed) R. C. DRUM, 

Assistant Adjutant General. 

HEADQUAKTERS THIRD MILITARY DISTRICT, 
{Department of Georgia, Florida^ and Alabama.) 
Atlanta, Georgia. April 24, 1868. 

aENEBAIi OBDEBS | 

No. 69. J 

Application having been made to the commanding General 
for permission to allow persons convicted of minor offences, 



102 

by civil courts, to work out the fines imposed on them on the 
public highway, 

It is hereb// ordered, That Sub-District commanders, may 
on tlie application of the proper civil autiiorities, allow the 
emploj'ment on the public highway, at a fair compensation, 
of all such persons, (ifreat care will be taken that this au- 
thority is not abused by overworking the prisoners or retain- 
ing tiiem longer in confinement than is necessary. 

The use of the ball and chain is permitted in cases where it 
is impracticable to furnish the proper guard, or when there is 
danger of escape ; bat this order is not intended to revive or 
authorize the use of the chain gang, previously prohibited. 
By Order of Major Gej>eral Meade: 

(Signed) R. C. DRUM, 

Assistant Adjutant General, 



HEADQUARTERS, THIRD MILITARY DISTRICT, 
{Department of Georgia, Florida & Alabama,) 

Atlanta, Georgia, May 20, 18G8. 
General Orders \ 

No. 80. I 

So much of the sentences of the prisoners, ( William Petti- 
grew, Frank If. Munday, Hugh L. White, Thomas W. Bob- 
erfs, James Steele, John Cullen, and Samuel Strayhorn, citi- 
zens,) sentence(i by General Orders No l"!, to confinement at 
hard labor at the Dry Tortugas, as remains unexpired, on the 
receipt of this order at Fort Jefferson, is hereby remitted, and 
the prisoners will be discharged. 

In thus early releasing these prisoners, the Major General 
Commanding trusts the clemency extended towards them 
will not be misunderstood. These misguided and thought- 
less young men were convicted, after a fair trial, of acts of vi- 
olence and outrage against a citizen with the object of driving 
him out of the State. The frequent complaints of similar 
conduct, and the failure of the civil authorities to repress the 
evil, rendered it necessary to exercise the power conferred on 
him by law, and bring these prisoners before a military tri- 
bunal. Their conviction and punishment having, however, 
vindicated the principle involved, the Commanding General, 
in view of the safl'ering imposed on the relatives and friends 
of the ])risoners, of the promises made of future good conduct, 
and in the belief tnat a proper example, earlier made, might 
have deterred the prisoners from committing the offence, has 
directed the discharge of the prisoners. 

The Commanding General takes this occasion to state that 
similar clemency need not be expected in future, and he 
warns the people of his District that he is determined to sup- 
press all lawlessness and violence, and all attempts of indi- 



* 103 

viduals to take the law into their own hands, or to decide who 
sluill or shall not live in the country. To protect every ])er- 
son in his rights of person and property, is. made hy the law 
the paramount duty of the Commanding General, and it is 
well the people of the District and the authorities having in 
charge the preservation of the peace, and the execution of tlie 
laws, should know that he is determined to exercise all the 
power under his command In the discharge of this duty, and 
that hereafter, no considerations such as are here allowed, 
will inlluence him to relieve the guilty from the just punish- 
ment awarded them. 

By Order of Major General Meade : 

(Signed) R. C. DRUM, 

Assistant Adjutant General, 



HEADQUARTERS, THIRD MILITARY DISTRICT, 

(Department of Georgia, Florida & Alabama,) 

Atlanta, Georgia, May 22, 1868. 

GENERAL, ORDERS 



No. 81. 

Application having been made to the Commanding General for ft 
change in an act of the legislature of the State of Alabama, approved 
February 10, 1866, in so far as the benefits of said act are contincd to 
soldiers disabled and wounded in the so-called confederate service; 
and believing that there is no t^jood reason why these benefits should not 
be extended to all persons disabled from obtaining a livelihood by 
manual labor, it is ordered. 

That the aforesaid act is hereby modified so as to substitute for the 
words *'any disabled and wounded soldier in the late confederate 
army," the words " all crippled persons disabled from obtaining a live- 
lihood by manual labor," and in lieu of the words " soldiers" and 
"soldier," wherever they occur in said act or the preamble thereto, 
to substitute the words " persons" and " person." 

The act thus amended will read as follows, and govern in all courts 
granting peddling permits or license : 

An Act authorizing thecuurt of county commissioners of this State, 
(Alabama) to license and permit all crippled persons disabled from 
obtaining a livelihood by manual labor to peddle free of tax in their 
respective counties: 

Sp:cti<)N 1. Be it enacted, cf-c. That the several courts of county 
commissioners of this State have power to grant a license to all crip- 
pled persons disabled from obtaining a livelihood by manual labor, 
that said court of the county of the residence of said person, may find 
worthy to peddle with the limits of said county, which said license 
shall exempt said person from all tax, both state and county, which 
maybe imposed by law upon peddlers in this state. 

By order of Major General Meade : 

(Signed) R. C. DRUM, 

Assistant Adjutant General, 



104 

HEADQUARTERS THIRD MILITARY DISTRICT, 

{Department of Oeorgia Florida and Alabama.) 
Atlanta, Georgia, July 2, 1868. 
General Orders, ^ 

No. 95. J 

Whereas, The first section of the 7th Article of the Consti- 
tution of the State of Georgia, provides as follows : 

I. Each head of a family, or guardian, or trustee of a family 
of minor children, shall be entitled to a homestead of a realty 
to the value of two thousand dollars in specie, and personal pro- 
perty to the value of one thousand dollars in specie, both to be 
valued at the time they are set apart. And no Court, or min- 
isterial officer in this State shall ever have jurisdiction or 
authority, to enforce any judgment, decree, or execution 
against said property so set apart uncluding such improve- 
ment as may be made thereon from time to time) except for 
taxes, pioney borrowed and expended in the improvement of 
the homestead, or for the purchase money of the same, and 
for labor done thereon, or material furnished therefor, or re- 
moval of encumbrances thereon. And it shall be the duty of 
the General Assembly, as early as practicable, to provide by 
law for the setting apart and valuation of said property, and 
to enact laws for the full and complete protection and security 
of the same to the sole use and benefit of said families as afore- 
said. 

And whereas the Legislature of said State is to assemble on 
the 4th instant, it is ordered : 

1. That no court or ministerial officer in said State shall 
have jurisdiction or authority to enforce any judgment, de- 
cree or execution against any real estate in said State, except 
for taxes, money borrowed and expended in the improvement 
of the homestead or for the purchase money of the same and 
for labor done thereon, or material furnished therefor, or re- 
moval of incumbrance thereon, until the Legislature of said 
State shall have had time to provide by law Xov the setting 
apart and valuation of such property, or until further orders 
from these Headquarters. 

By Order of Major General Meade: 

(Signed) R. C. DRUM, 

Assistant Adjutant General. 



HEADQUARTlSRS THIRD MILITARY DISTRICT, 

{Department of Geoj'gia, Floridu and Alabama.) 

Atlanta, Georgia, July 14, 1868. 
General Orders, | 

No. 101. f 

Whereas, official information' has been received at these 
Headquarters, from the Governor-elect of the State of Ala- 



105 

bama, that the Legislature of said State, elected under the 
provisions of General Order No. 101, series of 1867, from these 
H eadquarters, has assembled and complied with the requisi- 
tions of the Act of Congress, which became a law June 25, 
1868, entitled an Act to admit the States of North Carolina, 
South Carolina, Louisiana, Georgia, Alabama and Florida, to 
representation in Congress; and whereas said act states that on 
compliance with the conditions therein set forth by any State, 
the officers of said State, duly elected and qualified under the 
Constitution thereof, shall be inaugurated without delay ; It 
is therefore ordered, 

I. That all civil officers, holding office in the State, whether 
by military appointment or by failure to have successors qua- 
lified, shall promptly yield their offices and turn over to their 
properly elected and qualified successors, all public property, 
archives, books, records, &c., belonging to the same. 

II. Whenever the military commander of the sub-District 
of Alabama, is officially notified of the inauguration of the 
State Government elect, military authority under the Acts of 
Congress, known as the Reconstruction Laws, will be at an 
end in said State; and it is made the duty of the sub- District 
commander to transfer everything appertaining to the govern- 
ment of said State to the joroper civil officers, and to abstain 
in future, upon any pretext whatever, from any interference 
with or control over the civil authorities of the State, or the 
persons and property of the citizens thereof. 

III. On the inauguration of the civil government, all priso- 
ners held in custody or by bonds for oftences against the civil 
law, will be turned over to the proper civil authority. In the 
meantime writs of habeas corpus from United States Courts 
will be respectfully obeyed and the decisions conformed to. 
Writs from State Courts will have respectful returns made, 
stating prisoners are held by authority of the United States, 
and can only be released by writs issued by United States 
Courts. 

By Order of Major General Meade : 
(Signed) R. C. DRUM, 

Assistant Adjutant General. 



[Similar orders were given with reference to the States of 
Georgia and Florida,'] 




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EEPOKT 



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MAJOR GENERAL MEADE'S 



Military Operations and Administration of Civil Affairs 



IN THE 



Third Military District and Dep'tof the South, 



For the Yeax 1868, with Accompanying Documents. 



ATLANTA, GA.: 
ASSISTANT ADJUTANT GENERAL'S OFFICE, 

DEPARTMENT OF THE SOUTH. 
1868. 






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